Doyle v. Magill [1999] IEHC 127; [1999] 2 ILRM 66 (11th March, 1999)

Doyle v. Magill [1999] IEHC 127; [1999] 2 ILRM 66 (11th March, 1999)

The basement area was not an unusual danger to a person of the Plaintiff's class, and even if it was, the Plaintiff failed to take reasonable care for his own safety by walking on the flower-bed in the dark; therefore, the Defendant is not liable.

Citation
[1999] 2 ILRM 66
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Personal Injury Action / High Court Judgment
Outcome
Action dismissed
Legal Topics
Personal Injury, Invitee Liability, Unusual Danger, Contributory Negligence
Tort Law Occupiers' Liability Personal Injury Invitee Liability Unusual Danger Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury Action / High Court Judgment

Legal Issues

  1. 1 Whether the Defendant was liable for injuries suffered by the Plaintiff as an invitee due to an alleged unusual danger on the premises
  2. 2 Whether the Plaintiff failed to take reasonable care for his own safety

Ratio Decidendi

The basement area was not an unusual danger to a person of the Plaintiff's class, and even if it was, the Plaintiff failed to take reasonable care for his own safety by walking on the flower-bed in the dark; therefore, the Defendant is not liable.

Court Disposition

Action dismissed