Posted: June 7th, 2017
A judge has awarded a jogger trip and fall compensation against Dublin Council and increased the award to account for the council´s aggressive defence.
In September 2011, the twenty-four year old plaintiff was jogging within the Clondalkin caravan site in Dublin when he tripped on a hidden depression in the footpath and fell – fracturing a knuckle in his right hand. The man – who was a keen amateur boxer at the time – had to undergo surgery and has been unable to return to boxing since.
As the caravan site is owned by the local authority, the plaintiff claimed trip and fall injury compensation against Dublin Council on the grounds it had not been maintained to a safe standard. South Dublin County Council denied liability for the jogger´s injury and argued it had resulted from a boxing match and that his claim was fraudulent.
The case went to the High Court where it was heard by Mr Justice Anthony Barr. During cross-examination of the plaintiff, the council´s legal representatives repeated its argument the injury had occurred in a boxing match and supported the allegation by saying he had been out jogging the morning after he had suffered a soft tissue injury in a car accident.
The plaintiff agreed that he had been out jogging the morning after a car accident, and an expert medical witness testifying on the plaintiff´s behalf told Judge Barr it was normal for somebody in the plaintiff´s physical condition to try and run off his injury. Judge concluded this was a “credible explanation” for why the plaintiff had been jogging the following morning and found in his favour.
The judge awarded the plaintiff €55.000 trip and fall injury compensation against Dublin Council, and then increased the award by €5,000 aggravated damages to account for the upset the jogger had been caused by the council´s unjustified allegations that his claim was fraudulent.