High Court: Man who sustained injuries due to broken door at apartment complex awarded €15k

About this case:

• Judgment:
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Background

Mr Kevin Powney brought proceedings in negligence against defendants Bovale Construction Ltd, Mayeston Hall Management Co. Ltd, and Fisher Property Management Ltd arising from an accident alleged to have occurred in January 2011 at Mayeston Square Apartment Complex in Dublin.

At the time of the accident, Mr Powney was a visitor at the apartment complex within the meaning of the Occupiers’ Liability Act 1995.

Mr Powney gave evidence that on the date of the accident he was visiting his friend Lee Clinton at the apartment complex. He stated that he was carrying an empty fish tank through a common entrance doorway at the apartment complex accompanied by Mr Clinton and partner Nadia Bell.

He further stated that he was aware that the closing mechanism on the door was not functioning correctly and that Mr Clinton went ahead of him and put his foot against the door to keep it open as Mr Powney passed through.

He stated that Mr Clinton received a call on his mobile phone and took his foot from the door, causing the door to slam back and break the fish tank; resulting in the injuries to Mr Powney.

Mr Clinton in his evidence confirmed the circumstances of the accident as outlined by Mr Powney; and gave evidence that the closing mechanism had been broken for a prolonged period prior to the accident. Photographs were provided to the Court of the door taken by Mr Powney in May 2011 showing the broken closing mechanism

It was contended by the defence that the accident did not happen in the manner described.

Injuries

Mr Powney was admitted for surgery in Beaumount Hospital, and agreed Medical Reports were submitted to the Court outlining Mr Powney’s injuries.

In summary, Mr Powney sustained a deep, complex laceration on the dorsal aspect of his right hand with division of several extensor tendons.

The Court heard evidence that Mr Powney continued to have some sensation of discomfort and tightening after long use of his hand as well as a slightly reduced range of motion of his thumb but this is not causing him major functional problems. He also has a 13 cm scar on his hand.

High Court

On balance, the Court found that the accident occurred as set out by Mr Powney.

The Court found that Fisher Property Management Limited was responsible for the repair and maintenance of the door; and therefore owed a duty of care to Mr Powney within the meaning of the Civil Liability Act 1961.

The evidence established that on the balance of probabilities the mechanism was not functioning correctly for some time before the incident, and at least until May 2011 when Mr Clinton took the photographs provided to the Court.

It was reasonably foreseeable and a probable consequence that this defect would cause damage or injury.

Mr Powney was frank in his admission that he was aware that the closing mechanism in the door was broken. Despite this knowledge, Mr Powney chose to embark on a dangerous manoeuvre by carrying a glass fish tank through the faulty door resulting in his injuries; as such, the Court found that liability for the incident should be apportioned between Mr Powney and the defendant.

The Court found that the defendant was 20% responsible for the accident and Mr Powney was guilty of 80% contributory negligence.

In assessing damages in this case, the Court considered Payne v. Nugent IECA 268, Nolan v. Wirenski IECA 56 and Shannon v. O’Sullivan IECA. Accordingly, the Court held that awards of damages must be:

(i) fair to the plaintiff and the defendant;

(ii) proportionate to social conditions, bearing in mind the common good; and

(iii) proportionate within the scheme of awards made for other personal injuries.

In all the circumstances, the Court measured damages in the sum of €65,000, for pain and suffering to date with €10,000 for future pain and suffering and special damages measured at €3020.82. On apportionment this gave an award to Mr Powney of €15,604.16.