I hope her legs fall off.

[Gob]

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.
Online Editors

[Sue U]

I hope her legs fall off.

Why? If, as claimed, she was directed to use a walkway that was in a severe state of neglect and disrepair, which condition caused her injury, why shouldn't she be compensated? Why do you immediately demonize someone who has already been injured and wish them further harm?

[Gob]

Because in this case Sue she is in the wrong.

This is where she was walking;



If you trip and fall while out walking in such areas, you should not blame, let alone sue, anyone other than yourself.

Why do you not believe that accidents happen?

ETA:

Ms Wall said the boardwalk was in a disgraceful state

Well then, you should have been more careful on it you dozy cow.

[MajGenl.Meade]

Sometimes it's best just to leave nature as it is and let the pratts fall where they may. Sorry for the lady getting hurt but... that's life.

There's a park in Ohio where the ranger was asked why there was no railing or fence at the edge of a rather large drop from a cliff. His reply: "It just gives idiots another few feet to fall". I was there - he's right.

[rubato]

just seven stitches? And this is stopping her from enjoying life?


Nothing. What a whiner.





Taylor Phinney came back to win races.


yrs,
rubato

[MG McAnick]

Isn't that where Luke Skywalker's daughter found him?

Seems to me one can sue anyone for anything, but they can't necessarily collect. Personally, she would not want me on that jury.

[Joe Guy]

If they had painted the Kerb steps a bright color, they would have discharged their liability...

[Gob]

Warning signs and handrails too, plus signing a waiver before entering the area.

[MajGenl.Meade]

...and convenient gravestones marking where they buried the last idjit to trip?

[Jarlaxle]

Rip up the walkway, fence off the area, and prominently post signs declaring, "NO TRESPASSING". Problem solved.

[Gob]

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.

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.

[Bicycle Bill]

Stupidity is universal, Gob, and not just confined to the US political system.  Q.E.D.

-"BB"-

[Lord Jim]

Well, the path to the base camp should have been painted a bright safety yellow...

[rubato]

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.
... "

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

25 Years After Exxon Valdez Oil Spill, Company Still Hasn’t Paid For Long-Term Environmental Damages

[kmccune]

Valdez right,listen to some of the naysayers in the Gulf,I have a friend who seems to think everything is copacetic ,down there.It will not be right till centuries pass.
wISH i WOULD HAVE HAD hER LAWYERS WHEN i TORE MY KNEE UP AT lOWES ,(ALL I WAS TRYING TO DO WAS GET THE KNEE SURGERY PAID FOR ,THEIR INCOMPETENCE CAUSED IT ) some tell me part of the problem is the Commonwealths archaic legal system(very conservative )

[Gob]

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 Asperger boy idiocy continues, is there anything he doesn't know nothing about?

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.

[Long Run]

I don't want to get a reputation for defending personal injury lawyers (we have at least one excellent one here who does a much better job), but isn't the issue in the case whether the hiker's assumption of risk in using the park included the risk that some of the boards in the walk would be rotted to the extent that she would step through it and injure herself? We really only have the media version of the facts, so know little, and it does not seem out of reason that a jury or judge could find the parks department negligent in either not maintaining the walk or not providing sufficient warning of the hazard. The article indicates the hiker was using the trail/boardwalk as intended.

[Sue U]

I have been avoiding this thread because I frankly don't have the time to address all the issues here, but Long Run hits the primary point dead on. Sometime when I have a few hours I may come back to this and tell the rest of you why you're all wrong.

[MajGenl.Meade]

Oh, I think she was right to claim compensation. The parks folks built a path intending it to be the safe way to go - making it attractive to more people perhaps. They let it fall apart and a person got hurt.

Having had both knees sliced open and a lot more than 7 stitches, I can't quite believe her sob story of inability to be a functioning human being ever in all her life (especially given rubato's post re the cyclist).

My recommendation is not to make it "safer" in the first place - rip out the pathways and leave it natural and let the chips (and persons) fall where they may.

[rubato]

I know, she should get free healthcare for life. There.



Oh, wait.



yrs,
rubato