Carroll v Phelan & Ors (Unapproved) [2023] IECA 91 (18 April 2023)

Carroll v Phelan & Ors (Unapproved) [2023] IECA 91 (18 April 2023)

The defendants were liable under s. 3 of the Occupiers Liability Act, 1995 because the slippery cladding on the benches constituted a foreseeable and unusual danger, given the known use of the benches by visitors. The trial judge was entitled to find negligence and to apportion liability 50/50 due to contributory negligence by the plaintiff in not using the safer pedestrian entrance and not exercising due care.

Citation
[2023] IECA 91
Parties
Plaintiff/respondent: Liza Carroll; Defendant/appellant: Michael Phelan; Defendant/appellant: Tadgh O’Connor; Defendant/appellant: Bernard Fitzpatrick; Defendant/appellant: Iontaobhas Corparaideach Chumann Luthchleas Gael Cuideachta Faoi Theorainn Rathaiochta
Jurisdiction
Ireland
Judgment Date
18 April 2023
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Liability
Outcome
appeal dismissed
Legal Topics
Occupiers' Liability, Negligence, Contributory Negligence, Personal Injury
Tort Law Occupiers' Liability Negligence Contributory Negligence Personal Injury

Case Brief

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Parties

Liza Carroll

Plaintiff/respondent

Michael Phelan

Defendant/appellant

Tadgh O’Connor

Defendant/appellant

Bernard Fitzpatrick

Defendant/appellant

Iontaobhas Corparaideach Chumann Luthchleas Gael Cuideachta Faoi Theorainn Rathaiochta

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Liability

Legal Issues

  1. 1 Whether the defendants were in breach of their obligations under s. 3 of the Occupiers Liability Act, 1995
  2. 2 Whether the trial judge was correct to apportion liability 50/50 between plaintiff and defendants

Ratio Decidendi

The defendants were liable under s. 3 of the Occupiers Liability Act, 1995 because the slippery cladding on the benches constituted a foreseeable and unusual danger, given the known use of the benches by visitors. The trial judge was entitled to find negligence and to apportion liability 50/50 due to contributory negligence by the plaintiff in not using the safer pedestrian entrance and not exercising due care.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court order affirmed; liability remains apportioned 50/50; damages of €47,000 to plaintiff with costs on the Circuit Court scale and certificate for senior counsel.