Keegan v Sligo County Council [2019] IECA 245 (10 October 2019)

Keegan v Sligo County Council [2019] IECA 245 (10 October 2019)

The trial judge failed to properly analyse and explain the conflicting accounts of the accident given by the respondent, did not adequately consider the issue of contributory negligence or the effect of alcohol, and erred in making a finding of unfitness for human habitation without it being pleaded. These errors rendered the trial unsatisfactory and necessitated a retrial on the issue of liability.

Citation
[2019] IECA 245
Parties
Plaintiff/respondent: Thomas Keegan; Defendant/appellant: Sligo County Council
Jurisdiction
Ireland
Judgment Date
10 October 2019
Procedural Posture
Personal Injury Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Occupiers Liability, Contributory Negligence, Quantum of Damages, Unfit for Human Habitation, Burden of Proof
Tort Law Personal Injury Housing Law Occupiers Liability Contributory Negligence Quantum of Damages Unfit for Human Habitation Burden of Proof

Case Brief

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Parties

Thomas Keegan

Plaintiff/respondent

Sligo County Council

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the respondent's house was unfit for human habitation so as to trigger liability under relevant case law and statute
  2. 2 Whether liability should be imposed under the Occupiers Liability Act 1995
  3. 3 Whether the trial judge erred in assessing the mechanism of the accident and the respondent's evidence

Ratio Decidendi

The trial judge failed to properly analyse and explain the conflicting accounts of the accident given by the respondent, did not adequately consider the issue of contributory negligence or the effect of alcohol, and erred in making a finding of unfitness for human habitation without it being pleaded. These errors rendered the trial unsatisfactory and necessitated a retrial on the issue of liability.

Court Disposition

Appeal allowed

Orders

  • The issue of liability is remitted to the High Court for a re-hearing.