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 for the class of persons to which the Plaintiff belonged, and even if it was, the Plaintiff failed to take reasonable care for his own safety by walking onto the flower-bed in darkness; therefore, the Defendant was not liable.

Source-derived case information.

Citation
[1999] IEHC 127
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Personal Injury / Judgment
Outcome
action dismissed
Legal Topics
Occupiers' Liability, Invitee, Unusual Danger, Contributory Negligence
Tort Law Occupiers' Liability Invitee Unusual Danger Contributory Negligence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether the Defendant was liable for injuries suffered by the Plaintiff as an occupier under common law.
  2. 2 Whether the basement area constituted an unusual danger to an invitee.
  3. 3 Whether the Plaintiff took reasonable care for his own safety.

Ratio Decidendi

The basement area was not an unusual danger for the class of persons to which the Plaintiff belonged, and even if it was, the Plaintiff failed to take reasonable care for his own safety by walking onto the flower-bed in darkness; therefore, the Defendant was not liable.

Court Disposition

action dismissed