Swimmer awarded €59,000 for fall down pier steps
Published 19/03/2014 | 02:30
A MAN who slipped on algae on the steps of a pier as he was about to go for a swim has been awarded €59,050 in damages.
Self-employed barber Joseph McGrath (58), Johnstown, Navan, Co Meath, sued Fingal County Council over the accident at the pier in Rush, Co Dublin, on July 27, 2009. He broke his arm and twisted his ankle and was out of work for three months.
He claimed the council was negligent in failing to make safe the pier, which it knew or should have known was in a dangerous condition and which was popular among bathers.
The council denied the claims and argued Mr McGrath was liable or partly liable by failing to exercise adequate caution.
The High Court heard that Mr McGrath, his 14-year-old son and his wife's niece, went swimming from the pier on a warm summer evening.
On his third time descending the steps, Mr McGrath slipped on a moss-like marine plant and fell heavily on his elbow. He slid down the remaining steps and onto the seabed.
Awarding him €59,050, Mr Justice Daniel Herbert said he was satisfied the council knew members of the public were using the pier steps for swimming even though they had originally been built for boating purposes.