Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Sylvia Deehan pictured at the Four Courts Brian Lawless/PA Wire

Woman who jumped to catch sex toy has damages claim dismissed

Syvia Deehan was knocked over and injured in the course of a ‘Ladies Night’ event at the Lough Inn pub in south Dublin.

Updated at 11.57pm

THE HIGH COURT has dismissed a woman’s damages claim against a Dublin pub for injuries sustained while trying to catch a spot prize during a ‘Ladies Night’ competition.

The Judge in the case said that sometimes “bad things can happen to good people” and rejected Sylvia Deehan’s claim against the owners of southside venue the Lough Inn.

Deehan, from Ballybrack, had attended the event at the Loughlinstown pub on 21 January 2011.

At some point in the evening, a spot prize (described as ‘a ring that goes around a certain part of a man’) was thrown into the audience.

Several people, including Deehan, jumped for the prize.

However, in the excitement of the moment some people pushed against the 46-year-old. She fell and hit herself on the leg of a loudspeaker that was sitting on the floor, and was injured as a result.

Judgment

Handing down his judgment, Justice Max Barrett said it had not been proven that The Lough Inn had failed to take all reasonable steps to safeguard its patrons.

According to Barrett, “the fact that Ms. Deehan fell to the floor does not seem an improbable or unlikely event at a venue where alcohol has been taken and spirits are high”.

He said it wasn’t clear to the court “what additional safeguards might have been taken to render The Lough Inn safer on the evening in question”.

Additionally:

…the truth is that Ms. Deehan could have fallen anywhere in the pub and the only means of effectively guarding against the risk of such a fall would have been to swaddle every available surface in the pub in protective material.

And:

…a person who freely elects to go to a pub, who freely elects to drink alcohol, who freely elects to engage in a party game and who freely elects to jump for a spot prize, can reasonably anticipate that she may fall, cannot reasonably expect that every part of the pub will be proofed so that there can be no injury occasioned if she does fall, and ought not to assume that she will be entitled to compensation when in fact she falls. Bad things can happen to good people and still no compensable event may arise.

The judgment concluded that “Ms Deehan impressed the court in her testimony as a decent woman who is entitled to, and has, the court’s sympathy for the painful injuries that she suffered at The Lough Inn”.

However, for the reasons stated, her action against the defendant in these proceedings must fail.

The action came before the High Court following a failed Circuit Court action by Deehan.

First posted at 10.20pm

Read: Ming asked Shatter for an aircraft carrier

Official report: Justice Dept didn’t think Callinan’s taping revelations were that important

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
114 Comments
    Install the app to use these features.
    Mute Alan Moloney
    Favourite Alan Moloney
    Report
    Jul 8th 2024, 6:08 AM

    Does not matter who gets the job day are finished

    254
    Install the app to use these features.
    Mute 9QRixo8H
    Favourite 9QRixo8H
    Report
    Jul 8th 2024, 6:35 AM

    Not at all, Greens/FFG are on 48% in yesterday’s poll, which is enough for another 5 year term. And they were ‘finished’ at the local elections were they?

    38
    Install the app to use these features.
    Mute Ollie Fitzpatrick
    Favourite Ollie Fitzpatrick
    Report
    Jul 8th 2024, 6:48 AM

    @9QRixo8H: Remind me …..How many seats did the Greens get in the European elections???

    170
    See 2 more replies ▾
    Install the app to use these features.
    Mute Gerry Lamont
    Favourite Gerry Lamont
    Report
    Jul 8th 2024, 9:10 AM

    @9QRixo8H: It just goes to show just how thick the electorate are.

    41
    Install the app to use these features.
    Mute James T.Kirk
    Favourite James T.Kirk
    Report
    Jul 8th 2024, 9:47 AM

    @Gerry Lamont: Ever vote yourself?

    8
    Install the app to use these features.
    Mute did you every wonder
    Favourite did you every wonder
    Report
    Jul 8th 2024, 6:04 AM

    Hope there are no new tax ideas from the new leader. The old one had plenty.

    153
    Install the app to use these features.
    Mute Sean O'Dhubhghaill
    Favourite Sean O'Dhubhghaill
    Report
    Jul 8th 2024, 8:23 AM

    @did you every wonder: Myth. But why let facts interfere with bias.

    19
    Install the app to use these features.
    Mute Dave Callaghan
    Favourite Dave Callaghan
    Report
    Jul 8th 2024, 6:46 AM

    Why is that person still in charge of our children?…39 missing, 1 found in a house of ill repute. He shouldn’t be left next nor near anything to do with children ever again!!!

    186
    Install the app to use these features.
    Mute If you're
    Favourite If you're
    Report
    Jul 8th 2024, 6:27 AM

    Green on the outside, red on the inside…

    118
    Install the app to use these features.
    Mute David O Brien
    Favourite David O Brien
    Report
    Jul 8th 2024, 6:27 AM

    Which of them do you think is more evil looking?

    102
    Install the app to use these features.
    Mute Ollie Fitzpatrick
    Favourite Ollie Fitzpatrick
    Report
    Jul 8th 2024, 6:27 AM

    A nation holds it breath!!!

    75
    Install the app to use these features.
    Mute Washpenrebel
    Favourite Washpenrebel
    Report
    Jul 8th 2024, 8:57 AM

    Pippa is a senator. She hasn’t even been elected as a TD. She’s not going to be one in the next election either.

    41
    Install the app to use these features.
    Mute Gerry Lamont
    Favourite Gerry Lamont
    Report
    Jul 8th 2024, 9:09 AM

    Can we please have a public execution at the Dáil gates this evening?.

    31
    Install the app to use these features.
    Mute Mr “JonnieBoy” Johnson
    Favourite Mr “JonnieBoy” Johnson
    Report
    Jul 8th 2024, 8:16 AM

    Please , no more of Sid the Sloth

    23
    Install the app to use these features.
    Mute SV3tN8M4
    Favourite SV3tN8M4
    Report
    Jul 8th 2024, 10:18 AM

    Greens have lost the people, a group of hypocrites who have destroyed Ireland.

    33
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds