Fingal County Council must pay out €30,000 pending the outcome of its appeal against a €59,000 award made to a man over injuries received when he slipped on a pier as he was about to go for a swim, the Supreme Court has ruled.
Last March, Joseph McGrath (58), Johnstown, Navan, Co Meath, was awarded €59,050 against the Council over the accident at the pier in Rush, Co Dublin, on July 27th, 2009. He slipped on algae, broke his arm, twisted his ankle and was out of work for three months, the court heard.
Mr McGrath claimed the Council was negligent in failing to make safe the pier when, he claimed, it knew or should have known it was in a dangerous condition and popular among bathers.
The Council denied the claims and argued Mr McGrath was liable or partly liable by failing to exercise any or adequate caution for his own safety. He failed to negotiate the steps in a careful manner, the Council alleged.
The court heard Mr McGrath, on his third time descending the steps, slipped on a moss-like marine plant and fell heavily on his elbow.
Mr Justice Daniel Herbert previously ruled the Council, as the authority responsible for the pier, knew members of the public were using the pier steps for swimming although they had originally been built for boating purposes.
The evidence established the Council made some effort, by occasionally applying chemical sprays, to control the growth of algae on the steps, the judge said.
This was not enough to render the steps sufficiently free of algae and marine organisms to allow swimmers descend and ascend the steps in safety, he found.
The Council had applied to the Supreme Court for a stay on the award pending the full hearing of an appeal.
Mr Justice Frank Clarke, presiding, said the Supreme Court took into account it may address the issue of alleged contributory negligence and that Mr McGrath was not one of the wealthiest individuals and therefore may be unable to repay the award should the appeal go against him.
The appropriate decision was to order a stay on the award, and on costs, providing €30,000 is paid out to Mr McGrath, he said.