A Excessive Court docket choose has dismissed a damages motion by a girl who sued her daughter’s nationwide college over ankle accidents suffered after she fell on the final of a flight of steps resulting in its playground.
A core argument made by 36-year-old Ciara Finlay in her case was that the steps ought to have had hand-rails.
Scoil Mhuire Nationwide Faculty, Ardee, Co Louth, denied legal responsibility and Mr Justice Bernard Barton, in his not too long ago printed judgment, dominated it had no legal responsibility to Ms Finlay arising from the accident on the morning of August thirtieth 2017.
The choose mentioned Ms Finlay was a “wholly first rate and real” witness who gave her proof in a “truthful and easy” method and he didn’t doubt her perception a handrail would have made a distinction.
Nonetheless, having accepted proof from the varsity principal and deputy principal, an neutral software of the regulation to the info didn’t warrant a discovering of negligence by the varsity or breach of the widespread responsibility of care, he dominated.
Notably in opposition to a background the place the static situation of the steps was not alleged to have prompted Ms Finlay to lose her footing, and was unlikely to have been the reason for a slip or journey and fall, the retrofitting of handrails would quantity to “a counsel of perfection”, although the becoming of rails would have been comparatively easy and cheap, he mentioned.
His judgment was to not be taken as laying down a basic rule or proposition that an occupier shouldn’t be required to suit or retrofit handrails to exterior steps constructed separate and other than a constructing, he pressured. There could be different circumstances during which such a precaution ought moderately to be taken, he mentioned.
The regulation didn’t require the varsity “to protect in opposition to potentialities” however fairly to protect in opposition to that which is “moderately foreseeable” and prone to happen on account of the defendant’s acts or omissions.
Earlier, he famous Ms Finlay had accompanied her daughter to highschool on August thirtieth 2017. The kid was apprehensive about beginning fifth class that day and she or he had accompanied her to the playground the place the kid met her classmates.
The choose mentioned it was a vibrant, dry day and Ms Finlay had practically reached the underside of a flight of seven steps main from the playground when she misplaced her footing and fell ahead, touchdown face down on the bottom close to the foot of the steps. Ms Finlay had mentioned she was accustomed to the steps and didn’t know why she fell however there was nothing to seize on to when she did so.
He mentioned the varsity principal had given proof of her perception that no accidents or incidents involving the steps had been recorded within the college’s log e-book throughout her tenure on the college since 1984.
Ms Finlay suffered fractures to her proper and left ankles. Her proper ankle was in a plaster of paris solid for eight weeks and her left ankle was strapped. She continued to expertise soreness in her proper ankle and strolling lengthy distances is problematic.
Aside from intermittent ankle discomfort, the medical prognosis for the longer term is her ankle accidents shouldn’t trigger any incapacity in the long run and any ongoing discomfort ought to reply to physiotherapy and occasional analgesia, he mentioned.