The Court of Appeal has allowed Dublin Airport Authority plc’s appeal against a negligence finding over an escalator fall at Dublin Airport and dismissed Elizabeth Lavin’s personal injury claim. The court set aside the High Court order that had awarded her €40,000 after a one-third reduction for contributory negligence.
Lavin was injured on 2 November 2011 while travelling up an escalator from the check-in area to the departures level at Terminal 2. She was 64 and travelling with her sister-in-law and niece. CCTV showed her turn to adjust her carry-on bag while on the moving escalator; she was not holding the handrail. The escalator stopped after a bystander pressed its emergency button, and airport staff came to help.
At the High Court hearing, the plaintiff’s case focused on whether signs adequately indicated that lifts were available to reach departures. The trial judge found the signage insufficient and concluded that Lavin would probably have taken a lift if she had known it would take her to the departures area. He found the airport authority liable, while also finding that she contributed to the accident by not asking available staff about a lift. The High Court had initially assessed damages at €60,000 before reducing the award to €40,000.
The Court of Appeal held that the escalator was properly designed and operating within the relevant standard, and presented no unusual or hidden danger. It found that the lifts were clearly visible beside the escalator, with stairs also available, and that airport staff in identifiable pink jackets could provide directions. The court said the occupier’s statutory duty required reasonable care in all the circumstances, including regard for the visitor’s own responsibility to take reasonable care for her safety.
The appeal court concluded that the trial judge had wrongly treated Lavin’s failure to seek advice only as contributory negligence, rather than considering it as part of whether the authority had met its duty. It also found insufficient evidence connecting the signage to the fall: the immediate causes were her attempt to adjust the bag while not holding the handrail. The Court of Appeal therefore held that the authority had complied with its duty under section 3 of the Occupiers’ Liability Act 1995. It allowed the appeal, vacated the High Court order and dismissed the claim.