A pedestrian who fractured his ankle after tripping on a raised section of footpath near Newcastle West has been awarded €60,000 by the High Court, which found Limerick County Council two-thirds liable and the plaintiff one-third contributorily negligent.
In a judgment dated 31 October 2019, Mr Justice Bernard J. Barton found that the council’s design and construction of a junction did not follow National Roads Authority guidelines for a simple urban junction. The court said the corner was not wide enough to allow heavy goods vehicles to turn left without mounting the footpath. The vehicles damaged the pavement, leaving a raised concrete lip that the council accepted was a tripping hazard.
The plaintiff said he fell on the footpath beside the slip road junction with the N21 in Newcastle West on 12 April 2013. He lived about 200 metres away and regularly used the path. The court accepted his evidence that he tripped on the raised edge and fractured his left ankle. The area was well lit and the weather was fine.
The council argued that the case involved non-feasance, for which a highway authority would not be liable, and that the plaintiff was contributorily negligent. The judge found instead that the hazard arose from negligent construction and breach of duty, amounting to misfeasance. He said the council was likely aware of the footpath’s damaged condition, which had been present for a considerable period and would have been evident on inspection.
The court also found the plaintiff contributorily negligent. It said the defect was clearly visible, he knew the path well, and there was no evidence that his view was obscured or that poor lighting, bad weather or distraction explained why he did not avoid it. The judge apportioned fault two-thirds to the council and one-third to the plaintiff.
The plaintiff underwent surgery after the fall for serious fractures to his left ankle. The medical evidence described lasting cartilage damage, a likely permanent limp and a risk of progressive arthritis. The judge assessed compensation for pain and suffering, past and future, at €90,000, then reduced it by one-third to €60,000 to reflect the plaintiff’s share of fault. The court ordered that amount.