The High Court awarded Fintan and Margaret Mulholland €71,856.12 after a kerosene leak from their neighbour’s heating tank contaminated the well supplying their home in Ravensdale, Dundalk. The defendant admitted liability before the damages hearing; the court had to decide what losses were reasonable to recover.
In a judgment dated 7 May 2008, Mr Justice Bryan McMahon awarded €41,856.12 in special damages and €30,000 in general damages. He found that the couple were entitled to recover the reasonable costs of a new well and related work, but not the full cost of replacing the house’s water and central-heating pipes.
The leak occurred in or about February 2000. The couple’s daughters noticed an unusual taste and smell in the water, and one daughter became ill and was hospitalised for several days. The family stopped using the supply, brought in water for drinking and washing, and stayed first in a hotel and later in rented accommodation while remedial work disrupted their home.
The Mulhollands chose to replace the water pipes and central-heating pipes, at a cost that formed a major part of their claim. They said they wanted a permanent solution and reassurance about their family’s safety. The defendant argued that flushing the water system with detergent would have been effective and cost less.
The judge accepted that the family’s anxiety and disruption were understandable, but assessed the decision objectively based on the advice available at the time. Their own consultant had recommended flushing the system, as had other experts. The court also heard that flushing could be done in a day, with little disruption, and repeated if needed. The judge found that replacing the water pipes without first trying that option was precipitous and unreasonable.
He separately found that contaminated water was very unlikely to have entered the home’s closed central-heating system, so replacing those pipes was not reasonable. The defendant was responsible for a new well and related reasonable work. Because the builder’s €51,424.39 bill combined different works and was not itemised, the judge allocated €27,000 to the recoverable work.
The special-damages award also included €600 for cleaning and redecorating, €3,500 for architectural advice, €1,000 for accommodation and €1,000 for travel, meals and miscellaneous expenses. The judgment records that the defendant had conceded liability for several other expense headings, totalling €8,416.53. The court’s overall award was €71,856.12.