Woman who suffered brain damage after tripping over fence's loose wire in Waterford settles for €2m

The High Court heard the woman had been out on St Patrick's night, and was taking a shortcut home at around 2am when the accident happened

"The High Court heard that the settlement, which was reached after a prolonged mediation, is against Bus Eireann. File photo

A woman who suffered catastrophic injuries when it was claimed she tripped as she took a shortcut home after a night out has settled a High Court action for €2m.

Monika Piech, aged 40, the High Court heard now has to use a wheelchair and needs 24-hour care after it was claimed she suffered brain damage in the fall in Tramore, Co Waterford, seven years ago.

The woman’s counsel, Michael Counihan SC instructed by MM Halley Solicitors, told the court that it was their case that Ms Piech tripped on loose wire in a grassy area and was pitched forward, falling over a metre down on to the ground of an adjacent car park. 

She was unconscious when located and counsel said she landed on her head and sustained brain damage. The loose wire, it was claimed, was attached to a broken down and trampled fence.

Ms Piech had been out on the night of March 17, 2019, and was taking a shortcut home at around 2am after getting a takeaway when the accident happened. 

Counsel said investigating gardaí later found wire in the grass area. Ms Piech, he said was lucky to survive the fall.

Monika Piech of Tramore, Co Waterford, had through her mother Malgorzata Piech sued a number of parties but the court heard that the settlement, which was reached after a prolonged mediation, is against Bus Eireann.

The settlement, counsel told the court, reflects a 50/50 apportionment in relation to liability. Counsel pointed out that while Ms Piech had some drinks on the night in question, there was no question she was inebriated.

Ms Piech's claims

In the proceedings, it was claimed the fallen fence and wire allegedly comprised a danger. It was further claimed there was an alleged failure to maintain the fence and an alleged failure to remove a broken fence and wire. 

It was further claimed there was an alleged failure to eliminate the danger. It was also contended there was an alleged failure to warn Ms Piech of the alleged danger.

All of the claims were denied and Bus Eireann contended that Ms Piech had allegedly failed to look where she was going, had allegedly needlessly endangered herself and allegedly contributed to her own misfortune.

Approving the settlement, Ms Justice Leonie Renolds said she was happy to hear that Ms Piech had made remarkable progress to date.