The High Court awarded Shirley Farrell €75,000 after finding that her ankle fracture followed a fall in an unlit car park at her workplace in Celbridge. The court found negligence on the part of both defendants and a breach of the employer’s duty under section 15 of the Safety, Health and Welfare at Work Act 2005.
Ms Farrell fell on the evening of 22 October 2015 while walking from the Backweston premises to her car. She said the route and car park were in pitch darkness and that she slipped on something she thought was leaves. The court accepted, on the balance of probabilities, that leaves caused the slip, finding this consistent with the season and mud on her tights.
She fractured the outer bone of her left ankle. Her treatment included a plaster cast, crutches and a walking boot. The court noted continuing pain and limits on her ability to walk long distances and dance. It also noted that two medical reports pointed to a full recovery, while one observed that possible psychological injuries “may have been sustained” but largely went unnoticed or ignored.
The court said there was no direct evidence contradicting Ms Farrell’s account that the area was unlit. A facilities company employee said the lighting had worked on the previous Friday and that a major outage would have triggered alarms, but was not present on the night of the fall. The court also noted an undisputed difficulty with lighting during October 2015.
The employer argued, in effect, that an indemnity arrangement meant any liability should fall on the facilities company. The judge rejected that position, explaining that the employer’s duty to provide a safe workplace and means of access or egress could not be delegated away. The court found the car park’s otherwise good physical condition did not address the failure to provide safe egress when the lights were out.
At the parties’ request, the court assessed damages without hearing further submissions after finding liability. It placed the injury at the higher end of the “moderately severe” category, having regard to ongoing pain and loss of amenity, and awarded €75,000. The judge proposed that costs should follow the event and be awarded to Ms Farrell, subject to the parties advising whether they wished to argue the costs issue. The judgment does not record a final costs order.