The High Court has dismissed Gary Turner’s personal injuries action over a collision with racehorses on the Curragh, finding that the accident was caused by his failure to keep a proper lookout and by his use of earphones while running.
Mr Justice David Keane delivered judgment on 21 February 2020 in Turner’s claim against The Curragh Racecourse, Curragh Racecourse Hospitality, racehorse trainer Tracey Collins and her sister, Sheena Collins. The accident happened on the Maddenstown Gallops on 6 September 2014.
Turner said he was running across the gallops when three horses approached. He maintained that he heard the horses but no warning shouts before impact. The defendants disputed liability and alleged that Turner’s own actions contributed to the collision. The judge accepted evidence that the jockeys and Collins shouted warnings for several seconds, and that Collins was visible beside her jeep to Turner’s right.
The judge found that the collision occurred between 120 and 139 metres beyond the corner of a fence around the Curragh Camp Armoury. He said Turner had run for more than 30 seconds across open ground while on a collision course with the horses, without looking left or right. Turner also did not hear the approaching horses or the warnings because he was listening to music through earphones.
Turner argued that the racecourse operator should have put up warning signs and that the defendants should have taken other safety measures. The judge rejected those arguments, finding no duty in the circumstances to erect signs and no evidence that cordoning off the gallops was practicable or lawful. He also rejected the claim that the Collins sisters had been negligent in failing to stop the horses in time.
The judgment said that listening to music on earphones is not negligent in itself, but contributed to this accident. The judge concluded that Turner could likely have avoided the collision by keeping a proper lookout or remaining able to hear the horses and warnings. He found no breach of duty by any defendant and said the Occupiers’ Liability Act 1995 did not assist Turner on the findings.
Turner also sought to introduce occupiers’ liability and nuisance claims in closing submissions. The judge refused to allow the unpleaded claims to be added, finding that doing so in those circumstances would prejudice the defendants’ fair trial rights. He dismissed the action, finding no responsibility or liability on the part of any defendant for Turner’s injuries.