Woman who fell off roof of Kinsale nightclub settles High Court action

Ciara O'Brien was only 18 years of age at the time of the accident in 2015.

A woman who fell off a roof at a Kinsale nightclub 10 years ago suffering a severe spinal injury has settled a High Court action over the accident.

Ciara O’Brien fell 8ft to the ground and has been left paralysed from the waist down.

Ms O’Brien was only 18 years of age at the time of the accident in 2015, and had finished her Leaving Certificate and attended her Debs just the week before.

There was a beach-themed party at the club on the night. Ms O’Brien had secured a part time job at the venue but it was reported she was not working on the night of the accident.

The settlement of the proceedings were announced in the High Court on Tuesday. The settlement is confidential but the court was told it reflects the apportionment of 80% liability against Ms O’Brien and 20% against the other side in the case.

Ciara O’Brien, from Kinsale, Co Cork, had sued Kenny Weight Management Galway Ltd, with registered offices in Co Galway, the owners of The Moorings, Kinsale, at the time of the accident on August 22, 2015.

It was claimed there was an alleged failure to erect a balustrade or barrier around the exposed perimeter of the concrete ceiling, slab or balcony. It was further claimed there was an alleged failure to ensure individuals, including Ms O'Brien, were prevented from having access to an area in which there was an alleged unguarded balcony.

It was also claimed there was an alleged failure to provide any of any adequate or competent supervision for the area.

All of the claims were denied.

In the High Court on Tuesday, Ms O’Brien’s counsel, Liam Reidy SC, told Mr Justice Paul Coffey the settlement was based on an apportionment of liability of 80% against Ms O’Brien and 20% against the defendants.

Counsel told the court liability had been denied in the case, and it had been contended by the other side there was contributory negligence on the part of Ms O’Brien.

He said the other side contended Ms O’Brien was allegedly a trespasser and had been allegedly intoxicated at the time. He told Mr Justice Paul Coffey Ms O’Brien had fallen from the flat roof, suffering catastrophic injuries.

Mr Justice Coffey noted the settlement and the liability division.

In a radio interview a year after her fall, Ms O’Brien said after the accident she had been airlifted to a Dublin hospital and was there until October 2015, before being transferred to the National Rehabilitation Hospital in Dún Laoghaire, Dublin, for a time.

She said she did not feel comfortable talking about the accident but she was later grateful it was confined to a low back injury.