Hackett v. Calla Associates Ltd. & Ors [2004] IEHC 336 (21 October 2004)

Hackett v. Calla Associates Ltd. & Ors [2004] IEHC 336 (21 October 2004)

Both Calla Associates Ltd and Christopher O'Reilly were joint occupiers of the premises and owed a duty of care to the plaintiff. The injury was caused by an unreasonable and excessive use of force by security staff, amounting to negligence. However, the plaintiff was the ringleader of the disturbance and his criminal behaviour constituted contributory negligence to the extent of 50%. The Occupiers Liability Act, 1995 did not apply as the injury was not due to the state of the premises but to the conduct of staff.

Citation
[2004] IEHC 336
Parties
Plaintiff: John Hackett; First Defendant: Calla Associates Limited; Second Defendant: Christopher O'Reilly; Third Defendant: Stephen Spain; Fourth Defendant: Gerard Spain; Fifth Defendant: The Crooked Staff Limited
Jurisdiction
Ireland
Judgment Date
21 October 2004
Procedural Posture
Personal Injury/negligence / High Court Judgment
Outcome
Judgment for the plaintiff with a 50% reduction for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Occupiers' Liability, Use of Force by Security Staff, Duty of Care
Tort Law Personal Injury Occupiers' Liability Negligence Contributory Negligence Use of Force by Security Staff Duty of Care

Case Brief

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Parties

John Hackett

Plaintiff

Calla Associates Limited

First Defendant

Christopher O'Reilly

Second Defendant

Stephen Spain

Third Defendant

Gerard Spain

Fourth Defendant

The Crooked Staff Limited

Fifth Defendant

Procedural Posture

Personal Injury/negligence / High Court Judgment

Legal Issues

  1. 1 Whether the defendants owed a duty of care to the plaintiff as occupiers of the premises
  2. 2 Whether the injury to the plaintiff was caused by unreasonable or excessive force by security staff
  3. 3 Whether the plaintiff was guilty of contributory negligence and to what extent

Ratio Decidendi

Both Calla Associates Ltd and Christopher O'Reilly were joint occupiers of the premises and owed a duty of care to the plaintiff. The injury was caused by an unreasonable and excessive use of force by security staff, amounting to negligence. However, the plaintiff was the ringleader of the disturbance and his criminal behaviour constituted contributory negligence to the extent of 50%. The Occupiers Liability Act, 1995 did not apply as the injury was not due to the state of the premises but to the conduct of staff.

Court Disposition

Judgment for the plaintiff with a 50% reduction for contributory negligence.

Orders

  • First and second defendants to pay the plaintiff €50,000 in damages.
  • Usual order for costs to the plaintiff, including all reserved costs, to be taxed in default of agreement.