Farm expert loses damages claim

A CLAIM for £30,000 damages by an agricultural expert who broke his ankle when walking on a hill farm was dismissed yesterday…

A CLAIM for £30,000 damages by an agricultural expert who broke his ankle when walking on a hill farm was dismissed yesterday.

Mr James Brennan (60), of Skreeny, Manorhamilton, Co Leitrim, claimed in the Circuit Civil Court that Teagasc, where he is a farm advisory development officer, had been negligent in failing to provide him with proper footwear or warn him of rough terrain.

Judge Sean O'Leary heard that in the course of his work Mr Brennan had to walk over hilly ground at Teagasc's Leenane Hill Farm, Co Mayo. Mr Brennan, who had been walking on the side of a very steep hill when he slipped, claimed Teagasc had exposed him to risk of injury by causing him to walk mountainous terrain without advising him as to the type of footwear or ankle support to use.

Ms Alice Doyle, counsel for Teagasc, successfully applied, following evidence on behalf of Mr Brennan, to have the case dismissed. She told Judge O'Leary that in law an employer was not an insurer and Mr Brennan had failed to establish any negligence against Teagasc.

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Ms Doyle said Mr Brennan had 20 years' experience, and in cross-examination his engineer, who visited the hill farm to inspect the area of the fall, had conceded that he had worn wellingtons. She told the court that 90 per cent of Irish farmers wore wellingtons when walking on their lands.