McCarthy -v- Canal Community Training Programme Turas Ltd [2015] IEHC 406 (23 June 2015)

McCarthy -v- Canal Community Training Programme Turas Ltd [2015] IEHC 406 (23 June 2015)

The court found, on the balance of probabilities, that the plaintiff did not fall from the ledge but from the assembly point as contended by the defendant. The evidence did not support a finding of negligence or breach of duty by the defendant, as the safety procedures were adequate and the plaintiff was not instructed or permitted to act unsafely.

Citation
[2015] IEHC 406
Parties
Plaintiff: Leanne McCarthy; Defendant: Canal Community Training Programme Turas Ltd
Jurisdiction
Ireland
Judgment Date
23 June 2015
Procedural Posture
Personal Injuries Action / Judgment After Trial on Liability
Outcome
Plaintiff's claim dismissed
Legal Topics
Negligence, Personal Injury, Occupiers' Liability, Duty of Care, Standard of Care
Tort Law Negligence Personal Injury Occupiers' Liability Duty of Care Standard of Care

Case Brief

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Parties

Leanne McCarthy

Plaintiff

Canal Community Training Programme Turas Ltd

Defendant

Procedural Posture

Personal Injuries Action / Judgment After Trial on Liability

Legal Issues

  1. 1 Whether the defendant was negligent or in breach of duty resulting in the plaintiff's injuries
  2. 2 Whether the plaintiff fell from the ledge as claimed or from the assembly point as contended by the defendant

Ratio Decidendi

The court found, on the balance of probabilities, that the plaintiff did not fall from the ledge but from the assembly point as contended by the defendant. The evidence did not support a finding of negligence or breach of duty by the defendant, as the safety procedures were adequate and the plaintiff was not instructed or permitted to act unsafely.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Order dismissing the plaintiff’s claim