A garden worker who fell from a ladder while trying to pull down a broken tree branch was awarded €100,800 by the High Court, which held his employer liable but dismissed his claim against the homeowner.
The accident happened on 17 September 2012 in the garden of a home at 32 Neville Road, Rathgar, Dublin. The plaintiff, Slawomir Marek, was standing near the top of a household ladder while a co-worker, known as Pawel, held it. Pawel let go without warning as Marek pulled at the branch. The ladder and Marek fell in opposite directions.
Marek suffered fractures to both wrists, a transient injury to a nerve in his right arm and a minor head injury. He had surgery and physiotherapy. The court found that wrist stiffness, discomfort and intermittent pain were likely to continue, and that he faced a risk of developing arthritis in both wrists.
The judgment found that the ladder’s worn feet and lack of stabilisers did not cause this accident. The court accepted the second defendant’s engineer’s explanation that the ladder became unstable because of how it was positioned and used, the force Marek applied, and Pawel letting go. It found the accident would likely have been avoided had Pawel continued holding the ladder.
The first defendant, who ran a garden design and maintenance business, did not attend the trial or take part in it. The court was satisfied she had notice of the hearing. It found she had failed to provide Marek with required safety information and training, a safe system of work, adequate supervision, competent co-workers or suitable equipment. It also held her liable for Pawel’s negligence.
The court dismissed the claim against the homeowner. It found the homeowner had left before the workers arrived and did not know his household ladder was being used. The court considered it likely that his wife had given general permission for the ladder’s use, but found no evidence she had approved its use for the specific task. The homeowner owed no duty in the circumstances, and the gravelled ground was not an existing danger on the premises.
Marek claimed €28,374.20 in lost earnings and €800 in medical expenses. The court made no award for lost earnings during the period covered by injury benefit, finding that payment fairly approximated the reduced winter earnings he would likely have received. It awarded €5,000 for reduced capacity to undertake heavy manual work, taking account of jobseeker’s allowance and factors for which the employer was not liable.
The court awarded €60,000 for past pain and suffering and €35,000 for future pain and suffering, plus €5,800 in special damages. The total award was €100,800. The judgment does not state how the award was to be apportioned between the defendants.