Courts

Man must pay costs of failed €60,000 injury claim over fall in Dublin pothole

Stephen Devine (44) took case against South Dublin County Council after hurting knee and wrist in 2022 incident

The complainant said his lifestyle and ability to enjoy life were diminished as a result of the fall. Photograph: Getty Images
The complainant said his lifestyle and ability to enjoy life were diminished as a result of the fall. Photograph: Getty Images
Ray Managh
Wed Feb 05 2025 - 13:26

A judge has thrown out a €60,000 personal injury claim against South Dublin County Council after finding local authorities do not, as a matter of law, have to go around inspecting their footpaths for holes.

Stephen Devine (44), a warehouse worker from Harelawn Avenue, Clondalkin, Dublin 22, told Judge Terence O’Sullivan in the Circuit Civil Court he was forced to step off a footpath because of parked cars and fell heavily after tripping on a pothole.

Mr Devine said he suffered an injury to his right knee and broke his right wrist in the January 2022 incident at Harelawn Drive.

The complainant said his lifestyle and ability to enjoy life were diminished as a result of the fall.

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Forensic engineer Cathal Maguire told barrister John Doherty, for the local authority, there was a problem with vehicles parking illegally on the footpath and along a bitumen surfaced verge.

He said the incident happened in broad daylight and Mr Devine could have reasonably been expected to see and avoid what was an obvious pothole.

Mr Doherty, who appeared with Canal Quarter Solicitors, asked Judge O’Sullivan for a direction striking out the claim against the council in the absence of any evidence of his client being responsible.

Judge O’Sullivan said local authorities, as a matter of law, did not have to go around inspecting all of their footpaths and South Dublin County Council would only be responsible for someone falling if it had carried out negligent repair works in the area.

“Mr Doherty has a strong case in his application for a direction in that there has been no cogent evidence on the balance of probability that would convince me there had been works of poor design and construction carried out by the local authority,” Judge O’Sullivan said.

Dismissing Mr Devine’s claim, with an order for costs against him, Judge O’Sullivan said the council could not be held responsible for the illegal acts of others such as unlawful parking.

He said the court was convinced the pothole was caused and made worse by illegal parking and not because of anything South Dublin County Council had done.