Courts / Westmeath / Report

Woman who sued partner's parents entitled to €200k over home accident

Date
2017-06-16

Stage
Appeal

Primary locality
Delvin

Summary

In a Court of Appeal decision on 16 June 2017, Elaine Newman, aged 32, was awarded €200,000 in damages after losing an eye in a 2007 accident at the home of Marie and Patrick Cogan in Delganstown, Delvin, Co. Westmeath. Newman had sued the Cogan parents under the Occupiers Liability Act 1995, claiming they failed to take reasonable care as occupiers. The High Court had dismissed her case in 2012, ruling that the Cogan parents could not be held liable for choosing non‑shatterproof glass for the door. The Appeal Court, in a unanimous judgment by Justices Mary Finlay Geoghegan, Mary Irvine and Gerard Hogan, overturned that decision. The court held that the Cogan parents were liable because the glass installed in 2000/01 did not meet the standard of safety glass expected of a competent tradesman, and that the accident caused by Emmett Cogan's fall and the resulting glass shards led to Newman's loss of an eye.

Who, what, where, when and why

What: Report matter: Woman who sued partner's parents entitled to €200k over home accident. Procedural stage: appeal

When:

June 22, 2007 Hearing Or Sentence
2017-06-16 Publication

Why: In the circumstances, the High Court was obliged to find that the defendants were liable to Ms Newman because the glass installed did not comply to the standard required, the judge said. CNI source report