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Post details Post   (Contract pics)
Subscribers to the.. by Peter Walker   (Show all posts)
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.
Geraldine Weir-Rod.. by CaptainVertigo   (Show all posts)
4.—(1) In respect .. by CaptainVertigo   (Show all posts)
A woman has been a.. by wicklore   (Show all posts)
Donegal Mountain R.. by mcrtchly   (Show all posts)
Ireland’s Minerals.. by simon3   (Show all posts)


RECENT CONTRIBUTIONS 1 2 3 .. 18 Next page >>
Summit Summary
Crocknafarragh SE Top: Climb it, but include one or more "cousins"
Collaborative entry Last edit by: simon3 4 hours ago.
The way to Crocknafarragh SE Top can follow the full route up to Crocknafarragh with an additional 700m walk out to the lesser top or, part of the way up, by contouring up and around the S flanks ...

  
Track
Croughan ridge by going around Lough Acorrymore
simon3 4 hours ago.
Croughan ridge by going around Lough Acorrymore walk, Len: 7.8km, Climb: 595m, Area: Croaghaun SW Top, Achill/Corraun (Ireland)...

  
User profile
eamonoc
eamonoc a day ago.
A lot of walking done and so much more to do, thank you Mountainviews for the inspiration

Summit Comment
Baurtregaum Far NE Top: Great views from a so-so mountain
Colin Murphy 14 hours ago.
The view over Tralee Bay at low tide from Baurtregaum Far NE Top had the appearance of the Amazon River delta!

  
Track
Scouting the start of the Galty Challenge.
jackill 10 hours ago.
walk, Len: 17.5km, Climb: 623m, Area: Slieveanard NE Top, Galty Mountains (Irel...

  
Summit Comment
Bunnacunneen South Top: Simple bag from nearby tops
Colin Murphy 14 hours ago.
For approach see entry for Bunnacunneen SE Top. From that grassy summit it is just over 1km across a gently rising slope to the NW and the South Top's equally grassy summit, which has marvellous p...

Track
molls gap loop walk
strangeweaver 3 days ago.
From the car park at molls gap follow the narrow country lane down to the pass between to stumpa duloigh and Knocklome... walk, Len: 17.6km, Climb: 985m, Area: Dunkerron Mountains (Ireland) Knocklome

  
Summit Summary
Bunnacunneen SE Top: Handy track
Collaborative entry Last edit by: Colin Murphy 14 hours ago.
Although there was a sign on the track at L973 570 forbidding trespassers, the farmer in the nearby farmhouse had no problem with us using the track, which curved up the hillside almost to the sum...

  
Track
Simple ascent of Minaun.
simon3 4 days ago.
An easy way up starting from the carpark. walk, Len: 3.6km, Climb: 121m, Area: Minaun, Achill/Corraun (Ireland) Minaun

Summit Summary
Caherbarnagh East Top: A Hidden Gem Discovered
Collaborative entry Last edit by: simon3 2 days ago.
Park off road next to gate at the saddle between Claragh Mountain and Curracahill W23626 87990. There's room for 3-4 cars to park safely. Climb gate and follow rough stone track keeping forest to ...

  
Track
Puglia: Circuit south of Otranto
Onzy 5 days ago.
walk, Len: 11.1km, Climb: 215m, Area: Italy, Apulia ()

  
Summit Comment
Corraun Hill: Views! what views?
Harry Goodman 2 days ago.
Climbed this hill on Wed. 12 Oct 2011. Our intention was to start from Belfarsad Bridge but the blanket of thick mist covering the Plateau made me opt for the simpler climb from Burnanioo Bridge s...


RECENT CONTRIBUTIONS 1 2 3 .. 18 Next page >>