The High Court awarded €114,988 in damages to a woman who suffered a serious right ankle injury after slipping on a wet manhole cover at Dublin Zoo. Liability was not in issue at the trial; the judgment dealt with the extent of her injuries and damages.
Mr Justice Barr said the accident happened on 12 June 2011, when the plaintiff was visiting the zoo with her family. She suffered a trimalleolar fracture dislocation. Her ankle was operated on four days later, with plates and screws inserted, and remained in a cast for seven weeks. She used crutches for 16 weeks and a wheelchair for part of that time. The metalwork was removed in May 2014.
The plaintiff told the court she continued to experience daily ankle pain, swelling and difficulty walking on uneven or soft ground. She said she could no longer run, cycle or take part in Breton dancing, and was embarrassed by the scars from surgery. She also described nightmares, anxiety and depression after the accident.
The judge accepted her account of her symptoms and disability. He found that her ankle pain and limitations, swelling and two scars—measuring 7cm and 10cm—would be permanent. He found that her arm and shoulder pain from using crutches had not caused lasting effects.
Medical opinion differed on whether she might develop arthritis. One orthopaedic surgeon assessed a 20% risk of degenerative arthritis, while another considered it unlikely. The judge accepted the latter view, which was based on examinations and updated X-rays. On the psychiatric effects, the court noted evidence of post-traumatic stress symptoms and depression, alongside the defendant’s psychiatrist’s view that long-term problems from the accident should not be assumed. The judge also noted that the plaintiff’s difficulties were affected in part by fertility problems and unemployment in the family.
The court awarded €65,000 for pain, suffering and disability to date, €40,000 for future pain, suffering, disability and scarring, and €9,988 in special damages, for a total of €114,988. The judgment does not state that liability or the amount of damages had previously been contested.