Power v. Governor of Cork Prison & Ors [2005] IEHC 253 (20 July 2005)

Power v. Governor of Cork Prison & Ors [2005] IEHC 253 (20 July 2005)

The defendants breached their duty of care by failing to ensure the toilet floor was safe for prisoners, as the hazard of slipping was foreseeable and not adequately mitigated; the plaintiff's injury was directly caused by this breach, and there was no contributory negligence.

Citation
[2005] IEHC 253
Parties
Respondent: Joseph Power; Defendant/appellant: Governor of Cork Prison; Defendant/appellant: Minister for Justice, Ireland; Defendant/appellant: Attorney General
Jurisdiction
Ireland
Judgment Date
20 July 2005
Procedural Posture
Civil Appeal / Judgment
Outcome
judgment for plaintiff
Legal Topics
Occupiers Liability, Negligence, Duty of Care, Contributory Negligence, Assessment of Damages
Tort Law Personal Injury Prison Law Occupiers Liability Negligence Duty of Care Contributory Negligence Assessment of Damages

Case Brief

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Parties

Joseph Power

Respondent

Governor of Cork Prison

Defendant/appellant

Minister for Justice, Ireland

Defendant/appellant

Attorney General

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the defendants breached their duty of care under the Occupiers Liability Act, 1995
  2. 2 Whether the plaintiff's injury was caused by negligence of the defendants
  3. 3 Whether there was contributory negligence by the plaintiff

Ratio Decidendi

The defendants breached their duty of care by failing to ensure the toilet floor was safe for prisoners, as the hazard of slipping was foreseeable and not adequately mitigated; the plaintiff's injury was directly caused by this breach, and there was no contributory negligence.

Court Disposition

judgment for plaintiff

Orders

  • Decree in favour of plaintiff for €16,500