Courts / Wicklow / Report

High Court overturns €40k damages award to hillwalker who fell on Wicklow Way

Date
2017-02-17

Stage
Hearing Or Decision

Primary locality
Wicklow

County
Wicklow

Summary

In a High Court ruling on 17 February 2017, Mr Justice Michael White overturned a Circuit Court award of €40,000 to hillwalker Teresa Wall, who had fallen on a boardwalk on the Wicklow Way in August 2013. Wall had sued the National Parks and Wildlife Service (NPWS) claiming negligence under the 1995 Occupiers Liability Act, arguing that the boardwalk's deteriorated sleepers created a trip hazard. The Circuit Court had found the NPWS negligent and awarded damages. In his judgment, the High Court held that the duty of care under the Act was not absolute, noting that experienced hillwalkers are expected to exercise vigilance on isolated trails. The judge found that Wall's own lack of attention contributed to her fall, and that the NPWS was not negligent for not filling the boardwalk's indentations or replacing the sleepers. The decision was adjourned for two weeks to allow parties to consider the implications.

Who, what, where, when and why

What: Report matter: High Court overturns €40k damages award to hillwalker who fell on Wicklow Way. Procedural stage: hearing_or_decision

When:

August 6th, 2013 Hearing Or Sentence
2017-02-17 Publication

Why: Had the Circuit Court's decision been upheld, fears were expressed during the appeal that the popular walking route would disintegrate because private landowners would withdraw their consent allowing walkers on their property. CNI source report