Woman awarded €117,000 after injuring ankle in slip on icy path

people crossing a snow covered street

23 July 2022

The High Court has awarded €117,000 to a woman who suffered a severe ankle injury when she slipped on an icy path.

The total value of the award was €175,000 but this was reduced as the court found that Catia Haider was one-third responsible for her accident during a very cold spell in January 2010.

Mr Justice Michael Hanna said he accepted that the path was cleared with a min-digger bucket. However, he said the walkway should have been gritted immediately and this was not done. The judge noted that gritting subsequently took place on the section of path where the incident occurred.

Ms Haider, a beautician from Old Burrin, Carlow town, had sued Carlow County Council over the incident on January 9th, 2010.

The court heard she was walking along the path at Kennedy Avenue near the entrance to the shopping centre in Carlow town when she stepped out of the way of other people and fell. She claimed there was an alleged failure to provide any adequate grit on the path and there was an alleged failure to complete snow and ice clearance on the path.

Immense trauma

The claims were denied and it was contended that there was contributory negligence on Ms Haider’s part.

The judge said Ms Haider suffered immense trauma and an ankle fracture which has lifelong implications. The judge said it was one of the most inclement periods of weather in living memory and it was “all hands to the pump” for every local authority in the country.

There was no doubt, he said, that emergency services and local authorities were stretched to the limit. The judge said county council employees were charged with gritting the path and there was an immediate obligation to render it safe once it was cleared of snow.

Ms Haider was fully entitled to walk to the shopping centre, 10 minutes from her home, and had to be especially careful because of the weather conditions, he said. However, the judge ruled there was contributory negligence on the part of Ms Haider. He said she should have taken greater care walking on the pathway.

The judge granted a stay in the event of an appeal.

If you would like an assessment of a claim, you can use the online form available here without obligation or alternatively you can use the automatic claim calculator.

Follow us for the latest updates & news

Recent News

Autistic cinema manager wins €12k over discrimination in roster row

An autistic cinema manager who quit when his employer was unable to guarantee him two days off in a row following a months-long dispute over rostering arrangements has secured €12,000 in compensation for disability discrimination. The complainant's wife gave evidence...

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...