Experienced hill walker sues for Wicklow fall

A 59-year-old hill walker who has climbed in the Himalayas and to base camp on Mount Everest has sued the Irish National Parks and Wildlife Service for €60,000 damages following a fall on the Wicklow Way.

Teresa Wall, of Rathingle Cottages, Swords, Co Dublin, told the Circuit Civil Court before Judge Jacqueline Linnane that, as the result of a laceration to her right knee, she can no longer climb or run marathons.

She told her counsel, Peter McParland, she received seven stitches in a gash to her knee after falling on a boardwalk in the Wicklow Mountains National Park.

She said her foot had snagged in a hole in an old railway sleeper just below the JB Malone memorial on the Sally Gap to Djouce trail.

Mr McParland said the wooden walkway constituted “a structure” and the Occupiers Liability Act imposed a much higher duty of care on the Parks and Wildlife Service in the maintenance and management of such a development.

Kevin D’Arcy, counsel for the State Claims Agency, said Ms Walls had voluntarily participated in a unique rugged sporting activity of known reasonable risks and that the Parks and Wildlife Service was entitled to rely on the doctrine of volente non fit injuria — meaning no wrong is done to one who consents.

Mr D’Arcy said the defendant denied negligence or breach of duty and, in the event of a finding against it, pleaded contributory negligence on the part of Ms Wall.

Forensic engineer Pat Culleton said a single sleeper had rotted away at the point where steel cleats had once attached the rail line to it. He said walkers were deliberately steered on to the boardwalks.

Paul Romeril, forensic engineer for the defence, said there was a 100mm-wide hole on the sleeper but he did not accept it created a hazard.

Judge Linnane reserved judgment.