A woman who dislocated her ankle after slipping on a manhole cover while on a family day out to Dublin Zoo has been awarded almost €115,000 damages by the High Court.
Gwen Leost Kane suffered a fracture dislocation of the right ankle and was in plaster of paris for seven weeks and on crutches for 16 weeks.
Ms Kane (43) from Beechdale Court, Firhouse, Dublin, sued the Zoologicial Society of Ireland over the fall while on a visit to the Zoo at the Phoenix Park on June 12th, 2011.
She had been pushing her son Gabriel’s buggy outside the sea lions enclosure when the accident happened.
She claimed failure to adequately supervise the premises and failure to ensure the sea lions enclosure and its surrounding amenities, walkways and viewing area were safe for persons expected to walk through that area even in wet weather.
She also claimed an accumulation of rainwater was permitted on a pedestrian walkway and the metal manhole cover.
Liability was admitted in the case and it was before the court for assessment of damages only.
In his decision, Judge Anthony Barr found Ms Kane had given a fair and accurate account of her symptoms and disablement from the time of the accident to now.
He said she suffered extreme pain at the time of the accident on her son’s first birthday in 2011 and it was a source of distress to her she can no longer take part in Breton folk dancing or cycle or walk long distances in charity events.
Her progress since the accident had been set out in medical reports and she continues to experience pain in the right ankle on a daily basis. He accepted evidence these symptoms will be permanent.
He also noted Ms Kane has been left with two scars, 10cms and 7cm, on either side of her ankle.
He awarded total damages of €114,988.
In evidence during the case, Ms Kane said she fell backwards after slipping, heard her bone crack and suffered extreme pain. This happened on “a happy family day out and we were going to go home an take photographs for my son Gabriel’s birthday”.
