A woman who fell off her bike and hurt her back when it skidded as she cycled near her home has been awarded €66,000 by the High Court.
The judge said that the stones and the debris on the tarmacadam surface of the lane where the Plaintiff fell were “a nuisance and a danger to the public”.
The cyclist sued the local County Council over the accident claiming that her injuries were not caused by the council’s failure to repair the laneway, but by alleged negligent design and construction.
The council denied the allegation and claimed that no liability could attach to it.
The Plaintiff told the court that after skidding on the pebbles she fell off her bicycle, that she was trapped, could not move and two girls had to help her.
She was brought to hospital where it was found she had a wedged compression fracture. The court heard she had to wear a spinal brace for months and still suffers from back pain.
The High Court Judge opined that the surface of the lane led to the accident and as a result it was foreseeable that this would cause a trap for the public.
Accordingly, the court awarded €66,000 in general damages to the plaintiff and made an award for costs.
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