The High Court has awarded a woman €58,741 in damages after finding Donegal County Council and the plaintiff equally responsible for a fall beside a pavement in Dungloe. The court found the council’s unmarked two-step drop created a danger, but also found the plaintiff contributed to the accident by failing to keep a more careful lookout.
The plaintiff was visiting her sister in Dungloe on 27 July 2018. After leaving a gift shop, she crossed the main street towards an art exhibition at the Daniel O’Donnell Centre. She said she thought the raised kerb led onto a level footpath and did not see the double step down. She fell and suffered a serious injury to her right elbow.
The council denied liability, arguing that the steps should have been apparent to someone keeping a reasonable lookout. Its engineers said the design addressed a height difference of about 900 millimetres between road levels and helped manage stormwater and prevent flooding. The plaintiff’s engineer said the two-step arrangement appeared flush with the kerb from her direction of travel and was unusual and unsafe without a warning feature.
Justice Bolger found the drop was not obvious from the plaintiff’s approach and that it was reasonable for her not to have seen it. The court also found the arrangement unusual. While accepting the council’s reasons for installing it, the judge concluded that the unmarked design created a danger for pedestrians. A handrail, barrier or warning sign could have alerted people to the drop, the judgment said.
The judge assessed responsibility at 50 per cent for each side, citing the council’s failure to alert pedestrians and the plaintiff’s failure to keep a closer lookout.
The plaintiff had surgery for a fracture-dislocation of her right elbow. The court found she had permanent restriction of movement and scarring, ongoing pain and psychological consequences, and a small risk of arthritis. It did not accept that her ongoing right-wrist symptoms or reduced hand power were caused by the elbow injury.
The court assessed general damages at €90,000. It allowed €7,482 in agreed special damages and €20,000 for future help with heavy household and maintenance tasks. Those sums totalled €117,482; after the 50 per cent reduction for contributory negligence, the plaintiff was entitled to €58,741.
The judge gave an indicative view that the plaintiff should receive her costs, likely on the High Court scale. The court invited further oral submissions on costs or final orders at a hearing listed for 21 July 2022. The judgment does not record the final costs decision or any final order made after that hearing.