Cyclist had claimed the ramp was not properly marked or illuminated to highlight its existence to drivers and cyclists, and thus creating a trap or hazard
Mr Taylor, represented by Andrew Walker SC, with Conor Kearney BL, argued the ramp could have been illuminated with a cone with a light on it. It was also claimed that a temporary emulsion paint put on the ramp was inadequate warning for road users in the dark. There was a failure to comply with guidelines on ramp construction, it was claimed.
The duty was to take reasonable care for the road-user where there was a foreseeable danger and the use of the emulsion paint temporarily was reasonable, it was argued.Cutting that award to €9,137, Mr Justice Michael O’Higgins found Mr Taylor was two-thirds liable for the accident and the defendants were one-third liable.
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