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Post details Post   (Contract pics)
There is a proposa.. by mcrtchly   (Show all posts)
SCAVENGER WALK 12 .. by Peter Walker   (Show all posts)
The legal duty of .. by CaptainVertigo   (Show all posts)
CaptainVertigo
2016-04-18 18:55:31
The Wall Decision - Irish Times Report
The Irish Times Report: A hill walker who was injured when she fell on a rotting boardwalk on the Wicklow Way has been awarded €40,000 damages against the National Parks and Wildlife Service. Judge Jacqueline Linnane said Teresa Wall (59) had been directed by signs to use the boardwalk which, the court held, was a structure placed on the land by the Parks and Wildlife Service. Judge Linnane said it was clear from photographs produced in evidence that the boardwalk had been made up of second hand wooden railway sleepers that were badly rotted with protruding staples loosely holding down chicken wire.
She told barrister David McParland, counsel for Ms Wall, that reasonable care had not been taken to maintain the boardwalk in a safe condition and this failure was responsible for his client’s injuries, a gash to her right knee which required seven stitches. Barrister Kevin D’Arcy, who appeared with Erika Fagan for the State Claims Agency, had earlier told the court that although there had been hundreds of falls over the years by walkers in the country’s various national parks – many resulting in broken bones – Ms Wall’s was the first in which the service had been sued for negligence and breach of duty.
The housewife, of Rathingle Cottages, Swords, Co Dublin, told the court she had climbed in the Himalayas and to base camp on Mount Everest and could no longer hill climb or run marathons. She had been walking for 40 years and had walked “all around the world”. On August 6th, 2013 she and her husband had been coming down the mountain after a 30km-plus walk when they had “obeyed the laws of the mountain” by following a sign which directed hikers on to the boardwalk. She told Mr McParland that she used to run half marathons on a weekly basis as a hobby. She said her foot had snagged in a hole in one of the old railway sleepers that made up an EU ground conservation boardwalk just below the JB Malone memorial on the Sally Gap to Djouce trail near Roundwood.
Mr McParland, who appeared with Shannons Solicitors, said the wooden walkway constituted “a structure” and the Occupiers Liability Act imposed a much higher duty of care on the Parks and Wildlife Service in the maintenance and management of such a development. Mr D’Arcy had argued that Ms Wall had voluntarily participated in a unique rugged sporting activity of known reasonable risks and that the Parks Service was entitled to rely on the doctrine of volente non fit injuria (no wrong is done to one who consents). Judge Linnane said Ms Walll was a very experienced and keen hill walker and very fit. On the day she was wearing appropriate clothes, walking boots and walking sticks. The judge said there had been no contributory negligence on Ms Wall’s part.
She awarded Ms Wall €40,000 damages together with her legal costs but granted a stay on the decree and costs order to facilitate consideration of an appeal to the High Court. It is understood the Circuit Court order is to be appealed.
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RECENT CONTRIBUTIONS 1 2 3 .. 21 Next page >>
Summit Comment
An Bhinn Bhuí: Benwee Loop walk towards Portacloy.
ucampbell a day ago.
The Loop walks here are well signposted, it's a great idea to go out onto each headland.

  
Summit Comment
Doonvinalla N Top: Coastal Hill
sandman a day ago.
On 26/4/2014 i spent a very enjoyable afternoon walking this area visiting the army observation hut and the stone constructed EIRE marking as part of an addition to the Benwee Head Loop walk but i...

  
Summit Comment
Doonvinalla N Top: Flat topped but hard to get to.
simon3 a day ago.
View from the west.

Track
Circuit of Dirkbeg Lough - easier ascent
simon3 3 days ago.
The purpose of this walk is to reach the Maumtrasna plateau and Maumtrasna NE top (MNET). The lattter is quite possib... walk, Len: 11.6km, Climb: 564m, Area: Maumtrasna North-East Top, Partry/Joyce

  
Track
Near Galtybeg, Galty Mountains (Ireland)
caiomhin 3 days ago.
walk, Len: 11.3km, Climb: 663m, Area: Galtybeg, Galty Mountains (Ireland) Galty...

  
Track
Benwee Coastal Walk
simon3 3 days ago.
The walk starts at a small carpark and Wild Atlantic Way sign just west of Benwee. In fact some of the local rock has ... walk, Len: 8.1km, Climb: 245m, Area: An Bhinn Bhu?, North Mayo (Ireland) An B

Summit Comment
Benwee NE Head: Jagged summit
simon3 a day ago.
View from the east.

  
Forum: General
Riddle of the Spinc
BleckCra 3 days ago.
I was at Glendalough yesterday and on the Spinc for the first time. I cannot imagine there haven't already been a thousand hours debate on the boardwalk and and that there won't be a thousand hour...

  
Summit Comment
Benwee NE Head: Jagged summit
simon3 a day ago.
Picture from the west.

Summit Summary
Kid Island: Steepwalled island.
Collaborative entry Last edit by: simon3 a day ago.
Kid Island is very visible from Benwee Head.

  
Track
Lenadoon Coastal Walk
simon3 3 days ago.
walk, Len: 2.5km, Climb: 8m, Area: Mayo Coastal Hill (Ireland)

  
Summit Comment
Buckaun East: Cliffy north edge.
simon3 a day ago.
This is a picture of Buckaun East taken from the valley below.. Obviously the safest way to go up and down this is to the left or south of the ridge.


RECENT CONTRIBUTIONS 1 2 3 .. 21 Next page >>