White v Doherty & Anor [2019] IECA 295 (27 November 2019)

White v Doherty & Anor [2019] IECA 295 (27 November 2019)

The trial judge's findings of fact regarding the nature of the ground were supported by credible evidence; the area did not constitute an unusual danger and the defendants did not breach the common duty of care under s.3 of the Occupiers Liability Act, 1995.

Citation
[2019] IECA 295
Parties
Plaintiff/appellant: Philomena White; Defendant/respondent: William Doherty; Defendant/respondent: S & K Carey Limited
Jurisdiction
Ireland
Judgment Date
27 November 2019
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Duty of Care, Negligence, Personal Injury, Occupiers Liability, Standard of Care
Tort Occupiers' Liability Duty of Care Negligence Personal Injury Occupiers Liability Standard of Care

Case Brief

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Parties

Philomena White

Plaintiff/appellant

William Doherty

Defendant/respondent

S & K Carey Limited

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendants breached the common duty of care under s.3 of the Occupiers Liability Act, 1995
  2. 2 Whether the ground condition constituted a hazard or danger within the meaning of the Act
  3. 3 Whether the trial judge's findings of fact were supported by credible evidence

Ratio Decidendi

The trial judge's findings of fact regarding the nature of the ground were supported by credible evidence; the area did not constitute an unusual danger and the defendants did not breach the common duty of care under s.3 of the Occupiers Liability Act, 1995.

Court Disposition

appeal dismissed