Failure to provide handrails on a ramp was negligent

By: James Cross BL

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High Court, in a personal injuries action arising from a slip and fall at a public house, rules that the failure to provide handrails on a ramp was negligent; and the court assesses damages for personal injuries at €19,500 for past and future pain and suffering and loss of enjoyment of life, and €250 for special damages, giving a total award of €19,750.

Personal injuries – assessment of damages - appeal from the Circuit Court - slip and fall at external smoking area - negligence or breach of duty alleged - relevant evidence on causation – Court not satisfied on the balance of probabilities that the ramp was wet on the night in question – Court not satisfied that the accident was caused by any wearing of the ramp surface - failure to install a handrail on each side of the ramp was negligent and in breach of duty - failed to make out its defence of contributory negligence - injuries and damages – suffered headaches and back pain – pictures on Facebook depicting her engaged in a variety of more or less strenuous physical activities - appropriate sum to compensate her for past and future pain and suffering and loss of enjoyment of life is €19,500 - no claim for loss of future earnings - special damages are agreed between the parties in the sum of €250 - total award in the sum of €19,750.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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