A woman has claimed she fell and fractured her wrist after her 83-year-old mother’s wheelchair went out of control on a steep slope at Powerscourt gardens in Co Wicklow.
Jean Chambers, who has sued for damages, said she fell and hurt her wrist after trying to stop the wheelchair when it gathered speed and went out of control.
The court was told Ms Chambers’ mother, who was using a wheelchair provided at the gardens, has brought a separate action, yet to be heard, in relation to the alleged incident near the pet cemetery.
Mr Justice Anthony Barr has reserved judgment on the action by Jean Chambers (48), Cedarwood Road, Glasnevin, brought against Powerscourt Estates Ltd, over the incident at Powerscourt Gardens on September 13th, 2014.
It is claimed, while there was a disabled route marked out on the map provided, there should have been signs in the gardens and at the turn which Ms Chambers took with the wheelchair near the pet cemetery.
Powerscourt Estates has denied any liability and pleads Ms Chambers failed to follow instructions given to her when she was given a map of the gardens. The court heard over 200,000 people visit the gardens each year.
Off piste
Opening the case, Hugh O’Keeffe SC, for Ms Chambers, said she and her mother were unaware when they turned left, they went off the blue disabled route. “They were unaware they went off piste as there were no signs on the route,” he said.
Ms Chambers was left with a 7cm scar on her wrist and suffered a loss of self-confidence as a result of the incident, he said.
In evidence, Ms Chambers said, when the wheelchair gathered speed, she was running fast trying to slow it down and to steer it towards the grass embankment.
“I can’t remember after that,” she said. She believed somebody ran after the wheelchair as her mother was not injured but her mother can’t remember “how she was saved”.
Cross examined by Declan Buckley SC, Ms Chambers said did not realise when she turned left with the wheelchair there was such a steep slope. If that had been clearly marked, she would not have taken that route, she said.
“I would have paid attention to a sign. At the time it did not appear such a dangerous slope to me.”
Fifth damages case
Counsel put to Ms Chambers her “default mechanism” was to go to a solicitor and this was her fifth case where she had sued for damages over alleged injuries.
Ms Chambers agreed she had been in a car crash previously and had also sued in relation to alleged injuries at work and alleged injury when in a supermarket.
Sarah Slazenger, general manager of Powerscourt, said there had not been any feedback from any visitors indicating there was difficulty accessing the disabled route.
It seemed “extraordinary” that somebody would push a wheelchair down the slope, she said.
Mr Justice Barr reserved his decision on the case.