Personal Injury Litigation

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A recent case that went to the court of appeal involved a Mr. Keegan who slipped on a wet exposed porch in the front of his house. Mr. Keegan had been a tenant of Sligo County Council. Arising out of the accident Mr. Keegan suffered a fracture to his left ankle. Mr. Keegan accepted that he had drunk four or five pints of Guinness on the day of the accident. The High Court Judge did not find that Mr. Keegan himself had contributed to the accident. The County Council appealed and one of the issues raised on the appeal was whether the High Court should have found Mr. Keegan guilty of contributory negligence i.e. that by virtue of his consumption of alcohol he contributed to the accident himself. The Court of Appeal held that the trial Judge should have addressed as to whether or not Mr. Keegan had taken reasonable care for his own safety and the Court of Appeal sent the matter back to the High Court for the High Court to relook at these issues. This case showed the importance of the question of contributory negligence in any action for personal injuries. If you have any queries about the above or any aspect of personal injury litigation please contact our partner Finola Cronin at fcronin@dobbynmccoy.com or telephone (051) 874087