Hogan v. E.S.B. [1999] IEHC 64 (17th December, 1999)

Hogan v. E.S.B. [1999] IEHC 64 (17th December, 1999)

Plaintiff was primarily responsible for the accident due to failure to comply with safety instructions and procedures, but Defendant's partial failure to fully comply with declaring off procedure contributed to the accident. Defendant is liable for 15% of damages.

Citation
[1999] IEHC 64
Parties
Plaintiff: Mr. Hogan; Defendant: ESB
Jurisdiction
Ireland
Procedural Posture
Personal Injury / Judgment
Outcome
Defendant liable for 15% of damages; Plaintiff 85% at fault.
Legal Topics
Negligence, Statutory Duty, Contributory Negligence, Workplace Safety
Tort Employment Law Negligence Statutory Duty Contributory Negligence Workplace Safety

Case Brief

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Parties

Mr. Hogan

Plaintiff

ESB

Defendant

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether the Defendant was negligent in its safety procedures
  2. 2 Whether the Defendant breached statutory duty under Safety Health and Welfare at Work Regulations, 1993
  3. 3 Extent of Plaintiff's contributory negligence

Ratio Decidendi

Plaintiff was primarily responsible for the accident due to failure to comply with safety instructions and procedures, but Defendant's partial failure to fully comply with declaring off procedure contributed to the accident. Defendant is liable for 15% of damages.

Court Disposition

Defendant liable for 15% of damages; Plaintiff 85% at fault.

Orders

  • Plaintiff awarded £14,148.00, being 15% of total damages (£94,326.00).