The High Court awarded Juan Vega €38,780 after finding that he was injured when a ladder moved as he descended from the defendant’s house. The award included a 30% deduction for contributory negligence.
In a judgment delivered on 9 November 2005, Mr Justice Peart found that Vega had been at the defendant’s property as a social guest. The court said the defendant owed him a duty to take reasonable care to prevent injury, including under the Occupiers’ Liability Act 1995.
The defendant had left a ladder against the house while carrying out roof repairs. It was positioned at an angle of about 45 degrees, which an expert considered excessive for safety, and its feet rested on uneven surfaces: one on concrete, the other on lower gravel and earth. The plaintiff’s engineer described the ladder as unstable.
The judge found the ladder dangerous to climb. Vega, then about 55, ascended it to speak with the defendant on the roof. As he began to descend, the ladder moved to the right and he fell. The court found that the fall and resulting injury were caused by the defendant’s negligence in leaving the ladder in that position and, in the circumstances, failing to warn Vega not to climb it.
The court also found Vega contributorily negligent. The judge said a reasonably careful adult should have noticed the ladder’s steep angle and uneven footing, and foreseen some instability and risk. He assessed Vega’s share of responsibility at 30%.
Vega fractured the head of his right radius and injured his shoulder. The judgment also records neck and shoulder stiffness, temporary lower back pain, shock and sleep difficulties. The court was told that the injury affected his ability to do some farming and cooking, and to roll cigars from part of his tobacco crop. Those losses were not quantified, but the judge allowed for them in assessing general damages.
The judge assessed €40,000 for past pain and suffering and €10,000 for future pain and suffering, plus €5,000 for the reported impact on farming tasks and cigar rolling. Adding agreed special damages of €400 brought the total to €55,400 before the 30% deduction. The court entered judgment for Vega for €38,780.