Judgement reserved in appeal of €40,000 award to hillwalker

The High Court will rule next year on an appeal against a decision awarding a hillwalker €40,000 for injuries suffered after she tripped and fell on a boardwalk on the Wicklow Way.

The Circuit Court's finding that the National Parks and Wildlife Service had liability for the injury suffered by Teresa Wall has significant implications for Ireland's national parks and the Wicklow Way.

Mrs Wall claimed she tripped and fell after her foot snagged in a hole in one of the old railway sleepers making up a boardwalk located close to the JB Malone memorial on the Sally Gap to Djouce trail near Roundwood. The boardwalk, which Mrs Wall alleged was in an unsafe condition, was placed on the lands by the NPWS.

Last April, Dublin Circuit Court Judge Jacqueline Linnane found the NPWS was negligent and awarded Mrs Wall €40,000 damages.

The NPWS appealed that ruling to the High Court. When the appeal concluded on Wednesday, Mr Justice Michael White reserved his decision and said he hoped to give judgment in February.

Mrs Wall, represented by Louis McEntagart SC, with David McParland BL, instructed by Shannon’s Solicitors, told the court the accident occurred around 4pm on August 6th 2013. .

From Rathingle Cottages, Swords, Co Dublin, she said she suffered a gash to her right knee which required seven stitches and was left in significant pain for some time afterwards.

In denying liability, the NPWS, represented by Brian Murray SC, argued Ms Wall had participated in an activity known to have risks and the NPWSS was not responsible for anything that may have happened to her.