A County Wicklow woman has been awarded €47,924.25 after the High Court found that a muddy footpath at Trabolgan Holiday Centre caused her to slip and suffer a severe ankle fracture.
Louise Allen, from Dunlavin, was staying at the holiday centre with family when the accident happened on August 20th, 2008. She and her sister-in-law were returning to their chalet with two young children after booking an evening meal.
The route included a narrow designated path running uphill through trees. It was not surfaced with a binding material and conditions were wet after persistent August rain.
Ms Allen said her right foot slipped on an accumulation of mud at the edge of the path while she was carrying her three-year-old niece on her back. She fell heavily and completely displaced her left ankle.
Mr Justice Charleton accepted that the accident occurred on the path rather than on adjoining wet grass, as Trabolgan had suggested. He found that a ditch or depression containing slippery wet mud amounted to a danger on the property.
The judge said a designated path between buildings was effectively presented to visitors as a safe way to move through the resort. Reasonable precautions could have included adding gravel, laying a suitable bound surface or otherwise treating the path to prevent mud accumulating.
However, the court also found Ms Allen partly responsible. It did not accept her evidence that she had been wearing the Nike runners produced in court, instead preferring evidence from the duty manager describing footwear with little grip. Carrying a child on the muddy path was also found to have contributed to the accident. Her damages were therefore reduced by 25%.
Ms Allen required surgery involving plates and screws and was absent from work for ten weeks. She continued to experience some pain, swelling and limitations affecting her involvement in Gaelic football coaching.
General damages were assessed at €50,000, with €7,020 medical expenses and a recoverable wage-related loss also included. After the contributory-negligence reduction, judgment was entered for €47,924.25, with costs following the result.