The plaintiff was assisting at a junior camogie training session at Roscrea GAA Club when she tripped and fell. The seating area between the pitch and a nearby car park consisted of low cement walls with metal sheets covered in plastic. During the session, the plaintiff, wearing studded boots, attempted to step over the seating to see who had arrived in the car park. She caught her foot on the seating, fell forward, and suffered facial injuries.
The plaintiff filed a personal injury claim in the High Court, which hears cases exceeding €60,000. Expert witnesses testified about the seating’s slipperiness and the lack of a risk assessment by the club. The defendant’s expert described the seating as poorly finished. The court found that while the plaintiff’s actions contributed to the accident by not using the pedestrian entrance, it was common for people to step over the seating. The judge ruled that liability was shared 50/50, awarding the plaintiff €47,000.
The defendants appealed, citing a previous case where an accident alone didn’t establish liability. The Court of Appeal distinguished this case, noting there was an identifiable danger. The appeal was dismissed, and the High Court’s decision was upheld, confirming the award of €47,000.
Carroll v. Phelan and Others [2023] IECA 91.
