The Gazette 1996

GAZETTE

APRIL /MAY 1996

Mr. J. O'Driscoll, SC, Dr. John

The Council had fallen down on its common law duty by not addressing the problem "with sufficient seriousness" according to Geoghegan J. Accordingly, judgment was entered for the plaintiff. Although bones in the child's right leg had been broken, the injuries were not serious and the child had made a full recovery. [The injuries would have been more serious had they been suffered by an adult in the same circumstances]. Injuries

practice. The judge found that there was no defect in the doors either in their operation or design. Certainly, circumstances could occur which allowed the doors to close and strike someone, but in the judge's view, the safety features of the doors were more than adequate so that injury could not reasonably have been anticipated. No evidence had been adduced to show that any better system had been adopted anywhere in this jurisdiction or indeed elsewhere. Barron J reiterated the dictum that "those who owe duties of care are not insurers". The plaintiff was seeking to impose that duty on the defendants. No lack of care had been demonstrated by the defendants and the judge dismissed the plaintiff's claim.

Representation

O'Mahony, SC, and Mr. Jim O'Mahony, BL, instructed by Brooks & Co. Solicitors, represented the plaintiff. Mr. G. Tynan, SC, and Mr. J. Duggan, BL, instructed by Mr. J. O'Callaghan & Son, Solicitors, represented the defendant.

Case John Casey -v- Tralee Urban District Council

General damages were awarded at £7,500.

and Kerry County Council,

Qu a n t um

High Court, Geoghegan J. Judgment: February 24, 1995

Mr. J. O'Driscoll, SC, Mr.

Representation

In July 1988, a three year old boy playing in an open public

Basic Facts and Issues

Gallagher, SC and Mr. M. O'Shea, BL, instructed by Lyons & Galvin, Solicitors represented the plaintiff. Mr. L. Gaynor, SC, with Mr. H. Downing, BL, instructed by Hudson & Brown, Solicitors, represented the defendants.

playing area in Tralee, owned by the Council and serving a housing estate, broke bones in his right leg as a result of being kicked by a horse grazing the open space. The placing of horses by settled members of the travelling community in open grass areas serving housing estates had been a persistent problem in this area in Tralee. Did the local authorities owe any duty to the three year old boy? Decision Geoghegan J held that having regard to the obvious danger to young children, there was a clear common law duty on the Council to "take all reasonable steps on an on-going basis to at least minimise the problem". The judge emphasised that every open space need not be fenced off but it may "have been practical and desirable to do so", in a few places where the problem was "particularly bad". However, the judge considered that there should have been "vigorous and energetic monitoring and identifying of the owners of the horses" and efforts made to "pursue those owners by way of threatened or actual injunction proceedings". Subsequent, to the the accident, a new recording system had been introduced which had significantly improved the situation.

No injuries were considered in view of the

Ipjuries

dismissal of the plaintiff's claim.

Mr. P. Sreenan, SC, Mr. H.

Representation

Hickey, SC, and Mr. J. Lucey, BL, instructed by Ernest J. Cantillon & Co., Solicitors represented the plaintiff. Mr. E. Gleeson, SC, Mr. J. O'Mahoney, BL, instructed by James W. O'Donovan & Co, Solicitors represented the first named defendant. Mr. G. Tynan, SC, Mr. T. Heffeman, BL, instructed by Richard

Case Brenda O'Donovan -v-

Douglas Development Ltd,

PJ Hegarty & Son Ltd & ors. High Court, Barron J. Judgment: October 7, 1994

Standard automatic sliding doors operated by sensors had been

Basic Facts and Issues

installed at Douglas Shopping Centre, Cork. On May 21, 1990, the day of the opening of the shopping centre, Brenda O'Donovan received a blow to her face from one of the doors. Was there a duty on the defendants and did they fail in any lack of care to her? Decision On the opening day of the shopping centre, the date of the accident, the doors were tested and found to be operating normally. Apart from the plaintiff's accident, there had been no other complaints. Evidence had been given that the doors were installed in accordance with and, in fact, better than existing

McGuinness & Co., Solicitors represented the second named defendant.

CLUB

Gillian Mac

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