Thomas v. Leitrim County Council [2001] IESC 28; [2001] 2 ILRM 385 (7 March 2001)

Thomas v. Leitrim County Council [2001] IESC 28; [2001] 2 ILRM 385 (7 March 2001)

The plaintiff was a licencee, not an invitee, as her presence did not confer a material benefit on the defendant. The defendant's failure to prevent misleading tracks across the slope contributed to the accident, but the plaintiff's decision to descend the steep bank rather than retrace her steps was the greater fault. Liability was apportioned two-thirds to the plaintiff and one-third to the defendant.

Citation
[2001] IESC 28
Parties
Plaintiff: Ann Thomas; Defendant: Leitrim County Council
Jurisdiction
Ireland
Judgment Date
07 March 2001
Procedural Posture
Personal Injury Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Liability apportioned two-thirds to plaintiff, one-third to defendant; plaintiff's appeal dismissed; cross-appeal allowed in part.
Legal Topics
Occupiers' Liability, Contributory Negligence, Invitee Vs Licencee Status, Apportionment of Liability
Tort Law Occupiers' Liability Contributory Negligence Invitee Vs Licencee Status Apportionment of Liability

Case Brief

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Parties

Ann Thomas

Plaintiff

Leitrim County Council

Defendant

Procedural Posture

Personal Injury Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff was an invitee or licencee on the defendant's land
  2. 2 Whether the defendant breached its duty of care to the plaintiff
  3. 3 Whether the plaintiff was contributorily negligent and to what extent

Ratio Decidendi

The plaintiff was a licencee, not an invitee, as her presence did not confer a material benefit on the defendant. The defendant's failure to prevent misleading tracks across the slope contributed to the accident, but the plaintiff's decision to descend the steep bank rather than retrace her steps was the greater fault. Liability was apportioned two-thirds to the plaintiff and one-third to the defendant.

Court Disposition

Liability apportioned two-thirds to plaintiff, one-third to defendant; plaintiff's appeal dismissed; cross-appeal allowed in part.

Orders

  • Plaintiff found to be a licencee, not an invitee.
  • Liability apportioned: two-thirds to plaintiff, one-third to defendant.