In Conway v O’Connell (High Court, 28 April 2026), the court considered the extent to which an injured plaintiff’s own actions contributed to a road traffic accident.
The plaintiff suffered fractures to his ankle and hand after being struck by the wheel of a trailer being towed at 20 kmh through Lisdoonvarna during the Matchmaking Festival. While the court found that the defendant driver was negligent for travelling too fast in crowded conditions where pedestrians were on the roadway, it also found that the plaintiff had failed to take reasonable care for his own safety.
Evidence showed that the plaintiff had consumed alcohol, had stumbled earlier in the evening, and moved suddenly towards the trailer immediately before the accident. As a result, the court held that he was 40% contributorily negligent.
General damages were assessed at €65,000, but after the 40% reduction for contributory negligence, the plaintiff was awarded €39,000.
The case also highlights the importance of choosing the correct court. As the final award fell below the High Court jurisdictional threshold for personal injury claims, costs were awarded on the Circuit Court scale. Therefore, it is very important to listen to the advice of your solicitor in deciding which court to take your case.
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