The High Court awarded Danielle Busher €19,750 after finding that Altona Taverns Limited, trading as The Old Forge, was liable for injuries she sustained in a fall at the Wicklow pub’s rooftop smoking area.
Mr Justice Keane delivered judgment on 7 June 2018 after a retrial before the High Court sitting in Naas. Ms Busher fell while descending a ramp on 15 December 2012, carrying a drink. She landed on her back and struck her head. She had been attending a friend’s 21st birthday party.
Ms Busher initially alleged that ice on the ramp caused her fall. At trial, she and her counsel accepted that this claim could not be maintained in light of the weather evidence. The court was not satisfied that the ramp was wet that evening, or that wear on its surface caused the accident. It made no finding on whether Altona had failed to take appropriate measures against rainwater.
The court found Altona negligent for failing to install a handrail on the left side of the descending ramp. Both engineering experts agreed a handrail was required under applicable building regulations or technical guidelines. The judge was satisfied that a handrail would probably have made the slip less likely or helped Ms Busher arrest her fall and avoid the injury. Altona’s defence that Ms Busher’s own negligence contributed to the accident was not made out, so she could recover her full assessed damages.
The judgment described ongoing back and neck pain, treatment and reported effects on Ms Busher’s daily activities and work. It also recorded medical evidence of a soft tissue back injury, no significant nerve involvement, and differing views on her symptoms and expected recovery. The judge considered this evidence alongside Ms Busher’s acknowledgment that photographs showed her ice-skating on two occasions and carrying her daughter during the period after the accident.
The court awarded €19,500 in general damages for past and future pain and suffering and loss of enjoyment of life. Special damages had been agreed at €250. Judgment was entered for Ms Busher for €19,750.