The Court of Appeal found it was “erroneous” to dismiss the cases against Tipperary County Council
Further, the finding that the claim would still fail even if the swing did not comply with the guidelines because the plaintiffs were adults using a swing designed for children under 12 was a conclusion “entirely unsupported” by any evidence, said Mr Justice Noonan.
Ms O’Mahoney, of Ballyvera, Goatenbridge, Ardfinnan, Clomel, Co Tipperary, and Ms Kennedy, of Ballyknockane, Clogheen, Cahir, Co Tipperary, sued the council over ankle injuries sustained on separate occasions in 2016, as they dismounted a bird’s nest basket swing. Both women knew each other as acquaintances and their cases were heard in tandem as they involved similar allegations.
The women also adduced new evidence, in the form of expert safety reports held by the council, which was not available during the trials. The standards say the required ground clearance relates to the distance between the lowest part of the seat and the ground, the judge said, adding that another expert’s contention that the measurement is from the hard rim of the swing is “entirely immaterial”.
Ireland Latest News, Ireland Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Joe O'Reilly working as prison binman and 'obsessed' with Graham Dwyer's appealExclusive: The Mirror has learned that O’Reilly (50), who battered his wife Rachel to death in October 2004, is working in waste management inside the Midlands Prison in Co Laois.
Read more »
Minister announces reform of family law court systemA major reform of the family law court system to make it more child friendly has been announced by Minister for Justice Helen McEntee.
Read more »
Single parents won't be forced to court for some welfare payments under reformsMinister Heather Humphreys said that the process of parents going to the courts to seek maintenance before being able to get the payment was an 'added stress' for lone parents
Read more »
Irishwoman was held against her will for four hours, court hearsThe woman was allegedly put through a four hour ordeal on November 9 where she was threatened with a knife by a 37-year-old man, who also told her that he had a shotgun in his car and a Glock handgun on the fridge
Read more »
Actor Kevin Spacey faces further sex assault charges against new complainantActor Kevin Spacey is accused of a further string of sex offences against a new complainant
Read more »
Woman (70s) dies after being struck by car in Navan, Co MeathA woman in her 70s has died after being struck by a car in Co Meath this afternoon
Read more »