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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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Track
Brandon point to Sas Creek to Araglen
Fergalo 2 hours ago.
Brandon point to Sas Creek to Araglen returning to Brandon point be Teer bog road walk, Len: 16.2km, Climb: 554m, Area: Faill an tS?is, Brandon Group (Ireland) F...

  
Track
Dingle to Cloghane
Fergalo 2 hours ago.
Challenge walk from Dingle to Cloghane over the dingle way. walk, Len: 45.7km, Climb: 1592m, Area: Brandon Group (Ireland) Brandon, Brandon...

  
Track
An Starraicin
Fergalo 2 hours ago.
An Starraicin overlooking lockadun starting at the Lockadun start point Cloghane walk, Len: 9.0km, Climb: 533m, Area: An Starraic?n, Central Dingle (Ireland) An...

Forum: General
Mountainviews Walk in the Mournes
BleckCra 3 hours ago.
...

  
Summit Comment
Croaghmuckros: A great reward for a leisurely stroll
bertandally 21 hours ago.
We parked up at the entrance to the comms mast access road at G6186975866 as we thought the access road was the best option for us as we had our 6 year old with us and regardless the recent weathe...

  
Track
Benbulbin & Kings Mountain from the north
Peter Walker 22 hours ago.
An English blow-in decided that St Patrick's Day needed some form of acknowledgement, so off he went to the most icon... walk, Len: 13.4km, Climb: 520m, Area: Kings Mountain, Dartry Mountains (Irelan

Summit Comment
Carronadavderg: Very unremarkable.
TommyV 23 hours ago.
Not much to add to the comments here except that there appears to be some maintenance work being carried out on the access road so there is a mound of gravel at the access gate so parking is a bit...

  
Summit Comment
Carricktriss Gorse: Looking for a trig in the trees.
TommyV 23 hours ago.
Followed the directions provided by wicklore and jackhil. Happy to report that there is no sign of the rottweiler but the house does have a beware of the dog sign. Just to mention it's possible to...

  
Summit Comment
Knocknamuck: Usain Bolt.
TommyV a day ago.
This is purely for a quick bag. Accessed via the road mentioned in other comments. The area is now a small windfarm and there are signs at the access gate stating no unauthorized personnel. As the...

Track
El Hierro - Island Traverse
GSheehy a day ago.
Getting There :I took the (2h 45min) ferry from Tenerife/Los Cristianos to Puerto de la Estaca. I believe there may also walk, Len: 35.9km, Climb: 1455m, Area: Spain, Canary Islands ()

  
Summit Comment
Clomantagh Hill: The Kilkenny Burren.
TommyV a day ago.
Eamonoc's directions are spot on on but there is an obvious track made by a tractor so following this will also take you close to the summit. It's a lovely little walk but very obviously on farmla...

  
Summit Summary
Benbulbin: Remarkable mountain, watch out for access.
Collaborative entry Last edit by: Peter Walker a day ago.
There have been access difficulties regarding this summit. A simple approach to Benbulbin is to start at G684 451 however some have found difficulties here. A track leads to fields below a steep, ...


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