€40,000 for tenant injured as ceiling fell
Published 13/02/2016 | 02:30
A landlord must pay €40,615 to his tenant after a piece of the kitchen ceiling in her home fell and injured her, the High Court ruled.
Concepta Collery (50) sued Eamon Clohessy, owner of the dwelling at Peter's Street, Clonmel, Co Tipperary, where a portion of plasterwork fell on her head and the back of her neck on June 29, 2013.
Mr Justice Anthony Barr was satisfied Mr Clohessy was liable because cracks in ceiling had been brought to his attention before the incident but he did not do anything about it.
Mr Clohessy accepted in evidence Ms Collery had made a complaint to him. He told her to keep an eye on the cracks and if they got any worse to let him know, the judge said. She had never come back to him, Mr Clohessy said.
He also claimed she told him that luckily she was putting her dinner in the microwave when the plaster fell, otherwise she could have been injured.
The essential dispute was whether she suffered any injuries, the judge said.
Ms Collery said she had made previous complaints about the ceiling, in 2011 and 2012.
Ms Collery said when Mr Clohessy called to the house after the incident, she said to him: "I hope you are proud of yourself." He replied, "Stop wrecking my head, leave me alone, I know it is my fault", it was claimed.
The judge said Ms Collery accepted in her evidence she did not mention her injuries when Mr Clohessy called after the incident. The judge was satisfied she suffered an injury and the symptoms may not have been immediately apparent.