A Rathcoole woman has been awarded €110,000 after the High Court found that roots from a lime tree planted by a housing developer caused the footpath defect on which she tripped and suffered a serious shoulder fracture.
Carol Loua, who was 61 and working as a healthcare assistant, fell outside No. 18 Broadfield Court on 17 April 2018 while walking towards Rathcoole village. Ms Justice Denise Brett accepted that a 10mm to 15mm height difference at an expansion joint constituted a trip hazard and caused her fall.
The court found that roots from the original lime tree planted in the adjoining grass verge had grown beneath the footpath and lifted the concrete slab. Cavan Developments Limited had constructed the estate, including its roads, paths, verges and tree planting.
The judge accepted arboricultural evidence that the lime tree was unsuitable for the narrow verge without measures such as a root barrier. No such barrier had been installed.
A further significant fact was that Cavan had arranged for the tree to be removed in about October 2017, six months before the accident, following residents' complaints about its growth. The court found that the footpath uplift already existed by then, but there was no evidence that Cavan repaired the path or notified South Dublin County Council.
Cavan argued that responsibility had passed to the council when Broadfield Court was taken in charge in December 2009. The court rejected that as a complete answer, holding that the dangerous condition was the foreseeable result of the developer's original choice and placement of the tree.
The claim against South Dublin County Council was dismissed. The judge found that the council had not created or worsened the defect and had received no prior report of it, making the complaint one of failure to discover and repair a hazard created by others.
Loua was awarded €65,000 for pain and suffering to date and €45,000 for future injury. No contributory negligence was found.