A jogger has been awarded €60,000 compensation for a trip and fall injury on council land after the council attempted to argue that the claim was fraudulent.
On September 18th, 2011, the male jogger tripped on a hole in the surface of a footpath in the Clondalkin caravan site in Dublin. When he fell, he fractured a knuckle on his right hand which he subsequently had to undergo surgery for and has since been left with a scar.
As the caravan site is owned and managed by South Dublin County Council, the jogger claimed compensation for a trip and fall injury on council land. The council disputed liability and argued the man – who was a keen boxer – had injured his knuckle in a fight.
Due to the dispute over liability, the case went to the High Court where it was heard by Mr Justice Anthony Barr. During the hearing, it was disclosed that the man had been involved in a car accident the previous day in which he had suffered soft tissue injuries to his neck and back.
The council used this information to express doubts that the man would have gone jogging the day after an accident, and repeated its argument that the injury had been sustained in a boxing match. However, judge Barr accepted the evidence of a medical witness, who testified that the man was just trying to run off his soft tissue injury.
The judge concluded this was a “credible explanation” for why the man had been jogging on the morning after a car accident, and awarded him €55,000 compensation for a trip and fall injury on council land – increasing the award by €5,000 to account for the aggressive manner in which the council had pursued their argument the claim was fraudulent.
Judge Barr said in his closing remarks that the evidence suggested the plaintiff was injured in the manner in which he had claimed. He added there was no evidence to suggest the jogger was making a fraudulent claim, and he was entitled to the additional compensation for the upset caused to him by the nature of the unsuccessful defence put forward by South Dublin County Council.