Don't Catch Your Fingers!
Posted on 6th September 2017 at 17:10
In a recent case, O’Flynn v Cherry Inns, a lady who caught her finger in a door which was a barrier between the smoking and non-smoking areas of a public house was unsuccessful in bringing a claim against the public house. She had been awarded €75,000 in the High Court but the Court of Appeal overturned the award in it’s entirety. The Court of Appeal took the view that owners of property are not insurers. People have a duty to mind themselves and from the age of two we are taught that we should not put our fingers in doors.
They also held, in any event, that there was no evidence to show that the door operated in other than a satisfactory manner, but they said that even if it had not, they would have attributed a high degree of contributory negligence to the plaintiff as it was obvious to everybody that when passing through doors, one should be careful not to put one’s fingers in the hinges.
There is no doubt but that the Courts are taking a much stronger view on personal injury cases. The days when a personal injury case was seen as money for the asking are long gone, and plaintiffs should be absolutely certain that they have a good cause of action against any proposed defendants.
If you have been injured in an accident please do not hesitate to contact us at 01-8732134
Share this post: