A judge has ruled against a €60,000 personal injury claim against South Dublin County Council, stating that local authorities are not legally obligated to inspect their footpaths for holes. Stephen Devine, who claimed he fell and injured himself due to a pothole, lost his case after the judge ruled the council was not responsible for the pothole's formation.
A judge has dismissed a €60,000 personal injury claim against South Dublin County Council after ruling that local authorities are not legally obligated to inspect their footpaths for holes. Stephen Devine, a 44-year-old warehouse worker from Harelawn Avenue, Clondalkin, Dublin 22, alleged that he was forced to step off the footpath due to illegally parked cars and subsequently fell, injuring his right knee and breaking his right wrist in January 2022.
Devine claimed the incident occurred at Harelawn Drive and that the fall significantly impacted his lifestyle and ability to enjoy life. Forensic engineer Cathal Maguire, representing the council, testified that the issue stemmed from vehicles parking illegally on the footpath and adjacent verge. He argued that the accident happened in broad daylight, and Devine could have reasonably avoided the pothole. Mr. Doherty, representing the council, sought to strike out the claim, emphasizing the lack of evidence implicating the council in the incident.Judge Terence O'Sullivan agreed, stating that local authorities are not legally required to inspect all their footpaths. He further clarified that the council would only be liable for injuries sustained if they had carried out negligent repair work in the area. The judge found no evidence to suggest the council was responsible for the pothole, attributing its formation and worsening to illegal parking rather than any actions of the council. He dismissed Devine's claim, ordering him to cover the council's legal costs.
PERSONAL INJURY SOUTH DUBLIN COUNTY COUNCIL FOOTPATH Pothole ILLEGAL PARKING
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