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Damages - Balance of probabilities - Contributory negligence - Deductions in award of damages - Costs

Posted 21/10/2016

Damages - Balance of probabilities - Contributory negligence - Deductions in award of damages - Costs 

Facts: Following the injury caused to the plaintiff’s hand when he was employed by the first named defendant to work on behalf of the second named defendant at an under construction site, the plaintiff now sought an order for damages. The plaintiff claimed that the state of ground at the time of the accident was wavy or uneven as a result of concrete being spread on water, which caused the plaintiff to fall and get injured. 
Held: Mr. Justice Twomey awarded general damages, future general damages, and special damages to the plaintiff on the ground that the defendants had been negligent in providing a safe place of work to the plaintiff. The Court, on the balance of probabilities, accepted the plaintiff’s evidence as regards the state of ground. The Court found that the plaintiff was 25% guilty of contributory negligence and thus, the awards were subject to 25% deduction. The Court also awarded costs to the plaintiff against the defendants. 
Jamroziewicz, Antoni v O'Neill Brennan Limited and anor
7/4/2016 No. 2010/5762 P [2016] IEHC 188

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