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A Co Dublin housewife, who has climbed in the Himalayas and to base camp on Mount Everest, has sued the Irish National Parks and Wildlife Service for €60,000 damages following a fall on the Wicklow Way.



Hill walker Teresa Wall (59) of Rathingle Cottages, Swords, said in the Circuit Civil Court that as the result of a laceration to her right knee she can no longer climb or run marathons.

The woman, who weekly ran a half marathon as a hobby, told her barrister Peter McParland that she had to receive seven stitches in a gash to her knee after falling on a board-walk in the Wicklow Mountains National Park.

Wall told Mr McParland, who appeared with Shannons Solicitors, that her foot had snagged in a hole in one of a number of old railway sleepers that made up an EU ground conservation boardwalk just below the JB Malone memorial on the Sally Gap to Djouce trail.

The outcome of the case before Judge Jacqueline Linnane could have serious repercussions for the National Parks and Wildlife Service. The court heard that although there had been hundreds of falls over the years by walkers in the country’s various national parks – many resulting in broken bones - this was the first in which the Service had been sued for negligence and breach of duty.

Mr McParland said the wooden walkway constituted “a structure” and the Occupiers Liability Act imposed a much higher duty of care on the Parks and Wildlife Service in the maintenance and management of such a development.

Kevin D’Arcy, counsel for the State Claims Agency, said Ms Walls had voluntarily participated in a unique rugged sporting activity of known reasonable risks and that the Parks and Wildlife Service was entitled to rely on the doctrine of volente non fit injuria (no wrong is done to one who consents).

Mr D’Arcy said the defendant denied negligence or breach of duty and, in the event of a finding against it, pleaded contributory negligence on the part of Ms Wall.

Ms Wall said she had been hill walking for 40 years and had walked “all around the world” with her husband. On August 6, 2013 they were coming down the mountain after a 20-mile-plus walk when they “obeyed the laws of the mountain” by following a sign which directed hikers onto the boardwalk. She had paid the price for that.

She had fallen forward and lacerated her knee on a rusty nail. Her husband had helped her off the mountain and had brought her to the VHI Swiftcare Clinic in Swords where she had received a tetanus injection and seven stitches.

Ms Wall said the boardwalk was in a disgraceful state. Old railway sleepers had been put on the mountain and left to rot. She had been inhibited in her work and social enjoyment of life and now was no longer able to climb or participate in marathons.

Forensic engineer Pat Culleton said a single sleeper had rotted away at the point where steel cleats had once attached the rail line to it. He said walkers were deliberately steered on to the boardwalks.

Enda Mullan, District Conservation Officer for the Wicklow Mountains National Park, said that in 20 years she had never had a complaint relating to a any fall on the 130 kilometre Wicklow Way.

Two outdoor recreation consultants who traversed the mountain path on two occasions each gave it a fit for purpose report.

Paul Romeril, forensic engineer for the defence, said there was a 100 millimetre wide hole on the sleeper but he did not accept it created a hazard.

Cormac McDonnell, National Trails Office Manager for Sport Ireland told Mr D’Arcy he had recently walked the boardwalks and had found them “extremely robust, durable and fit for purpose.”

Wesley Atkinson, regional manager with the National Parks and Wildlife Service, told Mr D’Arcy he was a trained mountaineer and international hill walker. There was an annual footfall of 30,000 on the Wicklow Way and it was planned from May to begin replacing railway sleepers on boardwalks with pressure treated timber.

He said the work would be expensive as some of the new timbers would have to be flown in by helicopter and the old sleepers removed by air. Railway sleepers had a finite shelf life and it was expected the new timbers could be used for 30 years or more.

Judge Linnane reserved judgment.
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Gob wrote:I hope her legs fall off.

Ms Wall said the boardwalk was in a disgraceful state

Gob wrote:

A hill walker who was injured when she fell on a rotting boardwalk on the Wicklow Way has been awarded €40,000 damages against the National Parks and Wildlife Service.

In a judgment that will have serious repercussions for all of Ireland’s national parks, Judge Jacqueline Linnane said Teresa Wall (59) had been directed by signs to use the boardwalk which, the court held, was a structure placed on the land by the Parks and Wildlife Service.

Judge Linnane said it was clear from photographs produced in evidence that the boardwalk had been made up of second hand wooden railway sleepers that were badly rotted with protruding staples loosely holding down chicken wire.

She told barrister David McParland, counsel for Ms Wall, that reasonable care had not been taken to maintain the boardwalk in a safe condition and this failure was responsible for his client’s injuries, a gash to her right knee which required seven stitches.

Barrister Kevin D’Arcy, who appeared with Erika Fagan for the State Claims Agency, had earlier told the court that although there had been hundreds of falls over the years by walkers in the country’s various national parks – many resulting in broken bones – Ms Wall’s was the first in which the service had been sued for negligence and breach of duty.

The housewife, of Rathingle Cottages, Swords, Co Dublin, told the court she had climbed in the Himalayas and to base camp on Mount Everest and could no longer hill climb or run marathons. She had been walking for 40 years and had walked “all around the world”.

On August 6th, 2013 she and her husband had been coming down the mountain after a 30km-plus walk when they had “obeyed the laws of the mountain” by following a sign which directed hikers on to the boardwalk.

She told Mr McParland that she used to run half marathons on a weekly basis as a hobby. She said her foot had snagged in a hole in one of the old railway sleepers that made up an EU ground conservation boardwalk just below the JB Malone memorial on the Sally Gap to Djouce trail near Roundwood.
Mr McParland, who appeared with Shannons Solicitors, said the wooden walkway constituted “a structure” and the Occupiers Liability Act imposed a much higher duty of care on the Parks and Wildlife Service in the maintenance and management of such a development.


Mr D’Arcy had argued that Ms Wall had voluntarily participated in a unique rugged sporting activity of known reasonable risks and that the Parks Service was entitled to rely on the doctrine of volente non fit injuria (no wrong is done to one who consents).

Judge Linnane said Ms Walll was a very experienced and keen hill walker and very fit. On the day she was wearing appropriate clothes, walking boots and walking sticks. The judge said there had been no contributory negligence on Ms Wall’s part.

She awarded Ms Wall €40,000 damages together with her legal costs but granted a stay on the decree and costs order to facilitate consideration of an appeal to the High Court.

Gob wrote:Scum bitch won.

A hill walker who was injured when she fell on a rotting boardwalk on the Wicklow Way has been awarded €40,000 damages against the National Parks and Wildlife Service.
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rubato wrote:
Well first of all you let the tort lawyers in and this is just what happens. You were warned.

And secondly here in America we have something called an appeals process wherein rights are put wrong, wrongs are made worse, justice is delayed by generations, and all the money winds up in the hands of the lawyers.

So there's still hope for you there.


yrs,
rubato

The €40,000 award of damages to hill walker Teresa Wall, following a fall on the Wicklow Way, will be challenged in the High Court, it has been confirmed.
Sources confirmed on Monday appeal papers are to be lodged within a matter of days.