Judgment: 2024-05-31 · Court archive

High Court awards €228,160 after worker fell from unguarded stairwell

The court found the defendants primarily responsible for a 2015 workplace fall, assessed the worker’s contributory negligence at 20%, and dismissed an unpleaded claim for aggravated or punitive damages.

High Court · [2024] IEHC 339

Who, what, where, when and why

Who
  • Ben Keevey (Plaintiff)
  • Rigging and Machine Movers Limited
  • Ms Justice Reynolds
  • Stephen O’Hagan
What

The court found the defendants primarily responsible for a 2015 workplace fall, assessed the worker’s contributory negligence at 20%, and dismissed an unpleaded claim for aggravated or punitive damages.

Where

Places mentioned in the report

  • Liffey Valley
When

Judgment:

Why

Reasons reported in the judgment

The High Court awarded Ben Keevey €228,160 after finding the defendants primarily responsible for injuries he suffered in a 2015 workplace fall at a Liffey Valley site. The award reflects a 20% deduction for contributory negligence.

The High Court awarded Ben Keevey €228,160 after finding the defendants primarily responsible for injuries he suffered in a 2015 workplace fall at a Liffey Valley site. The award reflects a 20% deduction for contributory negligence.

In a judgment delivered on 31 May 2024, Ms Justice Reynolds found that Keevey was directed by his employer, Rigging and Machine Movers Limited (RAMM), to help remove lifting eyes from a concrete stairwell. The work was being done for main contractor John Sisk and Son Building Contractors (Sisk). A guardrail had been removed and was not replaced. The stairwell landing was about 2.9 metres above ground level.

The court accepted that the task was not planned in advance and that Keevey was sent to help at short notice, without safety concerns being raised. The judge found RAMM’s managing director, Stephen O’Hagan, knew the guardrail and inertia reel had been removed. She rejected the defence suggestion that Keevey had acted on his own initiative, finding that the evidence pointed to him carrying out O’Hagan’s direction. She said the accident would not have happened if the guardrail had been in place.

Keevey was not wearing a safety harness. He said he had been asked to deliver an angle grinder and had not expected to work at the site. The judge accepted that account, while also finding some culpability on his part because of his construction experience and safety training. She assessed contributory negligence at 20%.

The court described Keevey’s injuries as including a serious brain injury, skull and facial fractures, permanent loss of taste and smell, double vision, scarring and a right knee fracture. His wrist injuries had largely resolved. The judge assessed general damages at €200,000 to the date of judgment and €60,000 for future pain and suffering. She allowed €25,000 for an anticipated knee replacement and €200 in travel expenses. After the 20% deduction, the total award was €228,160.

A claim for aggravated or punitive damages, made in written submissions, was dismissed. The judge noted it had not been pleaded or canvassed during the proceedings and that the defendants had no opportunity to answer it. The judgment sets out the damages assessment and deduction; it does not state a separate liability percentage for each defendant.

Read the original court judgment

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