Courts / Wicklow / Report

Hillwalkers should take personal responsibility for their actions, High Court told

Date
2016-12-06

Stage
Trial

Primary locality
Roundwood

County
Wicklow

Summary

In a High Court hearing on 6 December 2016, Ms Helen Lawless, Hillwalking, Access and Conservation Officer of Mountaineering Ireland, testified that hillwalkers must take personal responsibility for their footing on varied surfaces, including boardwalks. She argued that the 130‑km Wicklow Way boardwalk, laid over a decade ago, was solid, fit for purpose and had not failed, and that it was safe for hillwalkers after 15 years of use. Ms Lawless cited the 1995 Occupiers Liability Act, stating that the National Parks and Wildlife Service (NPWS) had a duty to maintain the boardwalk in a safe condition. She noted that the NPWS's counsel claimed the boardwalk was not safe on the day of Mrs Teresa Wall's fall. Mrs Wall, aged 60, had sued the NPWS for €40,000 damages and legal costs after tripping on a hole in the boardwalk on 6 August 2013, sustaining a gash to her right knee that required seven stitches.