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18/07/2012
Council Worker Awarded €257,000 For Fall At Work
A council worker has been awarded €257,000 in damages after he tripped over an electrical cable while walking on a footpath carrying a ladder.
The total payout was reduced from €342,799 to just over €257,000 after Ms Justice Mary Irvine ruled there was contributory negligence to that extent on the part of Liam Murray.
Mr Murray (55), had sued the ESB as a result of the accident at Beach Road, Sandymount, Dublin, on August 17, 2009.
He claimed he was walking along the road when he fell on electrical cabling emerging from under the path at the base of a street lamp. He claimed the ESB was negligent in allowing electrical cable to be on the pathway.
As a result of injuries to his right shoulder and neck, for which he later required surgery, he claimed he had to give up deep sea fishing and playing the bagpipes.
The ESB admitted liability but also pleaded contributory negligence on the part of Mr Murray.
In her judgment, Ms Justice Irvine said everybody must take reasonable care for their own safety as footpaths could be hazardous and pedestrians were not entitled to blindly proceed on the assumption they would be safe.
Adding that Mr Murray, who worked with the Dublin City Council lighting department, would have been required to report dangers to his employers and would have been more aware than most
(H)
The total payout was reduced from €342,799 to just over €257,000 after Ms Justice Mary Irvine ruled there was contributory negligence to that extent on the part of Liam Murray.
Mr Murray (55), had sued the ESB as a result of the accident at Beach Road, Sandymount, Dublin, on August 17, 2009.
He claimed he was walking along the road when he fell on electrical cabling emerging from under the path at the base of a street lamp. He claimed the ESB was negligent in allowing electrical cable to be on the pathway.
As a result of injuries to his right shoulder and neck, for which he later required surgery, he claimed he had to give up deep sea fishing and playing the bagpipes.
The ESB admitted liability but also pleaded contributory negligence on the part of Mr Murray.
In her judgment, Ms Justice Irvine said everybody must take reasonable care for their own safety as footpaths could be hazardous and pedestrians were not entitled to blindly proceed on the assumption they would be safe.
Adding that Mr Murray, who worked with the Dublin City Council lighting department, would have been required to report dangers to his employers and would have been more aware than most
(H)
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