Woman sues claiming ceiling in council house collapsed on her

By Ann O'Loughlin

A mother of six who claims she was injured when the ceiling in her council house allegedly fell in on top of her has sued in the High Court.

Janette Lakes was walking from her kitchen to her sitting room with two cups of tea in her Blanchardstown home when she says the ceiling came “bursting in on top of me”.

“It all came in on top of me. My son who was there said a corner of the ceiling must have hit me on the head, My clothes were soaked, the cups were smashed," she told Mr Justice Michael Hanna.

She added: "I could not get up from the floor. I was covered in plaster. I was in a puddle of water."

Within weeks, she claims she had headaches and later had blackouts.

However Thomas P Hogan SC for the Council put it to Ms Lakes during cross examination that in photographs taken by her son after the ceiling collapse the floor was "dry as a bone" she said it was not dry when the celing came down. Asked by Mr Hogan where did the water mysteriously go, Ms Lakes replied: " I don't know."

Asked by Counsel who damaged the ceiling, Ms Lakes said it was damaged over years by the Council not fixing leaks.

Mr Justice Hanna remarked that in the photographs the floor did not not look wet. Ms Lakes replied: "I am not saying it was soaking."

Janette Lakes, a 56-year-old recovering addict who takes methadone and lives at Dromheath Avenue, Blanchardstown,Dublin has sued Fingal County Council claiming the ceiling collapsed on May 15, 2008.

She has claimed there was an alleged failure to properly repair the premises and there was alleged leaking in the toilet upstairs. Water she claims leaked through the ceiling which it was claimed was insecure and collapsed. It is further claimed the Council allowed the premises to become in an unsafe condition and there was an alleged failure to maintain repair or upkeep the property. As a result of the accident Ms Lakes has claimed she has suffered from post traumatic headaches concussion with forgefulness and also has difficulty in concentration.

The Council denies the claims and contends there was contributory negligence on the part of Ms Lakes and an alleged failure on her part to take any or any proper care of the premises.

In evidence, Ms Lakes, who has lived in the Council house since 2004, claimed she had complained of a damp patch on the ceiling which was under the upstairs toilet and bathroom which she said were leaking.

She said she never should have instigated legal proceedings as she claimed the Council "did nothing for me after that".

She said she had written a letter outlining her concerns over the ceiling and she cleared her rent arrears but she claimed the ceiling was not fixed. At one stage of the hearing she offered to show the judge and the court the condition of her home.

The case before Mr Justice Michael Hanna continues tomorrow.