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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
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Delighted for you David. Wishing you a lifetime of good health and happiness
My sister was diagnosed with this condition last year, 43 years old, non smoker with two small kids. She is on oxygen full time and her lung function is at 38%, if it drops below 30% thats when she will be put on the transplant list. David lives local to her and was kind enough to take the time to have a conversation with her to tell her what to expect and how he dealt with things. He gives her hope at a very difficult time and he truly is an inspiration. Best of luck David in NYC.
Amazing stuff david fair play. Wishing you a long and healthy life
Well done to you David and wishing you continued success on your journey to recovery . Best of luck with the marathon and your next challenge .Thank you for raising awareness of IPF. Unfortunately not all those diagnosed with IPF are candidates for transplant , but it’s great to hear success stories like yours.
David, you are an inspiration! The very best of luck in New York. You are making everyone in Kingscourt very proud!
Continued success to you David with your recovery and campaign of awareness for IPF. Hope the marathon goes well. Thank you for highlighting life after transplant and IPF. Unfortunately not all people are suitable for transplant and slowly succumb to this terrible condition
Congratulations David ! Very inspirational to all of us who have had major surgery. Wish you the very best in NYC.
Regards from Menlo Park, California (Ex. Dublin 1990)
A true inspiration David. Best of luck to you in the marathon! you should be very proud of yourself. Next time I’m doing a run and complaining how tired I am I’ll think of you and get the hell on with it….
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