A young woman who sustained elbow and leg injuries after falling down a cliff at a Co Donegal beauty spot was awarded damages of more than €84,000 at the High Court yesterday.
In a case under the Occupiers Liability Act, 1995, Mr Justice Butler found in favour of Ms Geraldine Weir Rodgers (34), Ranamona, Annagry, Co Donegal, in her action against The SF Trust Ltd, Broc House, Nutley Lane, Dublin, who were sued as owners and occupiers of the land where the accident happened. The defendants denied liability and pleaded contributory negligence.
The judge held the defendant was 75 per cent negligent and Ms Rodgers 25 per cent negligent.
The incident happened on April 11th, 1997. At about 8 p.m. Ms Rodgers and a number of friends left a restaurant near Rossnowlagh beach in Co Donegal. They walked through a broken-down fence onto a grassy headland, where they sat to enjoy the sunset.
Ms Rodgers got up to move away, her foot slipped and she fell down the cliff face. She sustained elbow, shoulder and leg injuries and received treatment in Sligo General Hospital. She still uses a walking stick.
Yesterday, Mr Harry Whelehan SC, for the SF Trust Ltd, said his clients had done nothing reckless. It was argued that a fence should have been erected, but the drop was clear and self-evident and it was not fair to suggest his client should erect a fence to exclude people from the land. Ms Rodgers had unfortunately lacked the small element of care that would have avoided this accident.
Mr Justice Butler said the defendant knew a danger existed and had reasonable grounds for believing a person was likely to be on the property, given it was a well-known beauty spot. There should have been a warning notice.
Having deducted 25 per cent from the total award, he granted a decree in favour of Ms Rodgers for €84,666. He put a stay on his order in the event of an appeal.