The Court of Appeal has overturned a High Court decision that held Clare County Council liable after a cyclist was injured on a road in Shannon. It allowed the council’s appeal, set aside the High Court order and dismissed the cyclist’s claim.
Edward O’Riordan was 64 when he fell from his bicycle on the Diamond Road on 3 August 2014. He suffered a serious injury to his left ankle. The High Court found that a one-inch drop between a concrete ramp and a cattle grid caused the fall. Part of the concrete overlapping the grid had broken away, but the evidence did not establish when that happened.
The road, grid and ramp had been built by Shannon Development. The council acquired the road and related assets in 2004, and designated it a public road in 2011. The Court of Appeal said the council had done nothing to the grid or ramp after acquiring them. It rejected the High Court’s conclusion that the council was liable for defective construction by its predecessor, or because it had not inspected the road and found the hazard.
The appeal court held that the rule protecting road authorities from civil liability for non-feasance applied to claims in both negligence and public nuisance. The council could be liable for a danger it created, but had not created this one. Merely inheriting the road and failing to remedy the defect did not make it liable. The court also agreed that the Occupiers Liability Act 1995 did not apply to the public highway. It noted that the Roads Act 1993 preserved the existing rule on liability for failure to maintain public roads.
The High Court had accepted the cyclist’s evidence, found the council liable, reduced damages for 25% contributory negligence and assessed a net decree of €113,404.87. Those orders were set aside on appeal.
The Court of Appeal’s judgment, delivered on 19 October 2021, records a provisional view that the council should receive its costs in the appeal and High Court. It urged the council to consider not seeking costs from the cyclist. He had 14 days to apply for a short further hearing on costs; absent an application or notice of an agreement, the proposed costs order would be made.