van Dalsen -v- Davy Hickey Properties Ltd & ors [2016] IEHC 717 (06 May 2016)

van Dalsen -v- Davy Hickey Properties Ltd & ors [2016] IEHC 717 (06 May 2016)

The defendants provided a safe and adequate means of access to the premises via the driveway. The plaintiff knowingly chose not to use the designated access and instead took a hazardous shortcut across a steep grass embankment. There was no evidence of breach of statutory or common law duty by the defendants, nor evidence that the embankment was an accepted or known pedestrian route. The accident was caused solely by the plaintiff's own actions, and the defendants are not liable.

Citation
[2016] IEHC 717
Parties
Plaintiff: Herbie Van Dalsen; First Defendant: Davy Hickey Properties Limited; Second Defendant: BT Communications (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
06 May 2016
Procedural Posture
Personal Injury Claim / High Court Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Personal Injury, Occupiers' Liability, Breach of Statutory Duty, Workplace Safety, Contributory Negligence
Tort Law Occupiers' Liability Health and Safety Law Personal Injury Breach of Statutory Duty Workplace Safety Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Herbie Van Dalsen

Plaintiff

Davy Hickey Properties Limited

First Defendant

BT Communications (Ireland) Limited

Second Defendant

Procedural Posture

Personal Injury Claim / High Court Judgment

Legal Issues

  1. 1 Whether the defendants breached their duty of care under the Occupiers Liability Act 1995 and the Safety, Health and Welfare at Work Act 2005 by failing to provide a safe means of access to the premises resulting in the plaintiff's injury.
  2. 2 Whether the plaintiff was contributorily negligent or solely responsible for his injuries.

Ratio Decidendi

The defendants provided a safe and adequate means of access to the premises via the driveway. The plaintiff knowingly chose not to use the designated access and instead took a hazardous shortcut across a steep grass embankment. There was no evidence of breach of statutory or common law duty by the defendants, nor evidence that the embankment was an accepted or known pedestrian route. The accident was caused solely by the plaintiff's own actions, and the defendants are not liable.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Case dismissed against the first and second defendants.