Walker who fell on WW boardwalk gets 40 grand

UM1

Walker who fell and cut her knee while hiking Wicklow Way wins €40k in damages
http://www.thejournal.ie/wicklow-way-lawsuit-2717464-Apr2016/?utm_source=twitter_self

adrian522

The injury suffered apparently was

"a gash to her right knee which required seven stitches."

Not sure how this adds up to €40,000

ThisRegard

Gold thread?

Judges are ridiculous in this country when it comes to personal injury claims.

walshb

No amount of money is worth being crippled!

ThisRegard

walshb wrote: »

No amount of money is worth being crippled!

You never miss a chance trying to troll.

cruizer101

Doesn't add up the only mention of medical attention she received was a tetanus shot and 7 stitches and yet now she can no longer run or climb mountains. Now I know article may not have all the facts but I would have thought if there was anything else wrong with her knee it would be mentioned.

Payout seems excessive she originally sued for 60k mind.

That said the sleeper in question was rotten and I do agree with the principal if a structure is put in place it should be maintained, I'd be curious how often they are inspected and how recently before the incident it was inspected.

RacoonQueen

walshb wrote: »

No amount of money is worth being crippled!

Is she crippled? She claims she can't run half marathons etc anymore - hardly crippled. Can no longer take part in an activity she enjoyed which is a bummer, still not worth 40K.

walshb

cruizer101 wrote: »

Doesn't add up the only mention of medical attention she received was a tetanus shot and 7 stitches and yet now she can no longer run or climb mountains. Now I know article may not have all the facts but I would have thought if there was anything else wrong with her knee it would be mentioned.

Payout seems excessive she originally sued for 60k mind.

That said the sleeper in question was rotten and I do agree with the principal if a structure is put in place it should be maintained, I'd be curious how often they are inspected and how recently before the incident it was inspected.

Open and shut case. 7 stitches to the knee could very well ruin anyone's chances of leading a normal mobile life. I have 0 stitches in my right knee and I can't run properly at the moment because it pains me.

walshb

RacoonQueen wrote: »

Is she crippled? She claims she can't run half marathons etc anymore - hardly crippled. Can no longer take part in an activity she enjoyed which is a bummer, still not worth 40K.

Crippled was a word I chose. However one interprets it is up to them.

If someone offered me 40 k but it meant I was restricted in my movement I would no way take it.

Wild Garlic

WW relay should be fun this year. Half the participants on Leg 2 will have horrendous falls I'd imagine;)

RacoonQueen

walshb wrote: »

Crippled was a word I chose. However one interprets it is up to them.

If someone offered me 40 k but it meant I was restricted in my movement I would no way take it.

Depends how restricted in your movement you are. Accidents happen, this is why we have a word for it. Article doesn't make any reference to her quality of life being decreased since the accident.

sconhome

In fairness she did run marathons.

Articles kinda suggest she only ran half marathons and she'd never be able to run a marathon.



Doesn't excuse personal responsibility. As I said elsewhere if the sign said "Insert Hand in Fire" what would she have done?

chinguetti

Anyone find it ironic that someone who apparently walked the world will be the one who'll cause the WW to be eventually (unless its thrown out on appeal) restricted because she sued and won. Crazy isn't the word.

walshb

RacoonQueen wrote: »

Depends how restricted in your movement you are. Accidents happen, this is why we have a word for it. Article doesn't make any reference to her quality of life being decreased since the accident.

Her life quality has been decreased due to her enjoyment of running and climbing being taken from her.

7 stitches is nasty. How nasty none of us know, but it can't have been innocuous. She is the one suffering today

"The 59-year-old Co Dublin housewife, of Rathingle Cottages, Swords, told the court she had climbed in the Himalayas and to base camp on Mount Everest and could no longer hill climb or run marathons."

This lady had her day in court, and you can bet those against her gave their side of the story as well. She won fair and square IMO.

40 k is peanuts for what could be a restricted mobile life.

Wild Garlic

RacoonQueen wrote: »

Depends how restricted in your movement you are. Accidents happen, this is why we have a word for it. Article doesn't make any reference to her quality of life being decreased since the accident.

Accidents don't just happen they are caused. And if they are caused they are avoidable.

morceli

walshb wrote: »

Her life quality has been decreased due to her enjoyment of running and climbing being taken from her.

7 stitches is nasty. How nasty none of us know, but it can't have been innocuous. She is the one suffering today

"The 59-year-old Co Dublin housewife, of Rathingle Cottages, Swords, told the court she had climbed in the Himalayas and to base camp on Mount Everest and could no longer hill climb or run marathons."

This lady had her day in court, and you can bet those against her gave their side of the story as well. She won fair and square IMO.

40 k is peanuts for what could be a restricted mobile life.

I actually agree with you on this, if she indeed is injured as she say then I don't have a problem with the pay outs. If she pop's up in a half marathon or marathon in the next few years i wouldn't be so happy.
I tore a calf in an ex race a few years ago and it never really recovered, wonder would i be due a pay out.

Captain Flaps

As a scout leader who had a kid fall on this exact stretch of boardwalk, cut his knee open, needed to be carried down to where the mountain rescue jeep was waiting, and eventually need 10 stitches, f*ck her. People fall and get injured, it doesn't have to be anyone's fault.

There should be a sign at the start of every trail saying "NOTE: you are outdoors. There is a path but nature isn't all soft and spongy, you could hurt yourself and if you're not willing to accept responsibility for your own safety kindly stay home."

walshb

Captain Flaps wrote: »

As a scout leader who had a kid fall on this exact stretch of boardwalk, cut his knee open, needed to be carried down to where the mountain rescue jeep was waiting, and eventually need 10 stitches, f*ck her. People fall and get injured, it doesn't have to be anyone's fault.

There should be a sign at the start of every trail saying "NOTE: you are outdoors. There is a path but nature isn't all soft and spongy, you could hurt yourself and if you're not willing to accept responsibility for your own safety kindly stay home."

The boardwalk is not nature in its strictest sense. It is a man made creation. Don't be so unsympathetic. And, did any of you investigate for that child and see if he was possibly due compensation?

Captain Flaps

walshb wrote: »

The boardwalk is not nature in its strictest sense. It is a man made creation. Don't be so unsympathetic. And, did any of you investigate for that child and see if he was possibly due compensation?

Not my responsibility at all as I am not his guardian. His parents, both doctors, brought him straight to hospital and thanked us for taking care of him, searching for compensation wasn't even considered by any party as far as I'm aware.

Also it's a boardwalk yes, but given the location it's bound to be slippery or otherwise compromised. I hike in the area a fair bit and you always see trail-runners pounding along as though they were on an olympic track, I think it's madness to assume that the wicklow way boardwalk isn't just a firm route through difficult terrain rather than a proper pathway.

ThisRegard

Who would she have sued had she injured herself in the Himalayas?

This may have massive repercussions for anyone using the mountains, scout groups, hill walkers, IMRA, all sorts.

sconhome

ThisRegard wrote: »

Who would she have sued had she injured herself in the Himalayas?

Think it depend on which side of the mountain she was pushed off fell.

groovyg

So what happens now, should all the boardwalks and work done by the NPWS and Mountain metiheal be taken up? It would probably be the right thing to do to avoid further claims down the line.

sconhome

groovyg wrote: »

So what happens now, should all the boardwalks and work done by the NPWS and Mountain metiheal be taken up? It would probably be the right thing to do to avoid further claims down the line.

Nah leave them to rot, remove the signage and let people decide whether to use them at their own risk or choice another route.

ThisRegard

groovyg wrote: »

So what happens now, should all the boardwalks and work done by the NPWS and Mountain metiheal be taken up? It would probably be the right thing to do to avoid further claims down the line.

That's the thing. Do you put it back to the way it was naturally and allow erosion or do the NPWS look for lots of cash to implement a continuous programme of maintenance.

Or just restrict access, don't allow organised events on their land. Some of you I'm sure are already aware of how NPWS can be when looking for a permit from them for certain places.

Captain Flaps

When something like this happens you're kind of damned if you do, damned if you don't. The terrain is certainly passable without the boardwalk (as anyone who's become impatient with the foot traffic and gone around can attest to) but if they invest significantly in it they're basically accepting responsibility for the upkeep indefinitely, as well as any injuries that may occur.

Djoucer

You can have sympathy with the lady given she’s no longer able to run. That’s pretty sh1t.

The issue is whether the NPWS should be held responsible for the fall.

Boardwalk is a man-made structure but there’s an argument to be made that given it’s in the middle of the Wicklow mountains, it’s common sense to expect it’s not a footpath and that care is required. In other words: no wrong is done to one who consents.

Indeed, the lady was wearing hillwalking clothes, an acknowledgment, that it’s rough terrain.

So the it boils down if you should expect a pristine footpath in the middle of the Wicklow mountains and expect it to be maintained.

Most people would say of course not.

tina1040

sconhome wrote: »

Nah leave them to rot, remove the signage and let people decide whether to use them at their own risk or choice another route.

Was it rotten and she fell through it or did she just trip from not being careful enough? With hiking in the hills that would make a big difference.

Captain Flaps

Djoucer wrote: »

You can have sympathy with the lady given she’s no longer able to run. That’s pretty sh1t.

The issue is whether the NPWS should be held responsible for the fall.

Boardwalk is a man-made structure but there’s an argument to be made that given it’s in the middle of the Wicklow mountains, it’s common sense to expect it’s not a footpath and that care is required. In other words: no wrong is done to one who consents.

Indeed, the lady was wearing hillwalking clothes, an acknowledgment, that it’s rough terrain.

So the it boils down if you should expect a pristine footpath in the middle of the Wicklow mountains and expect it to be maintained.

Most people would say of course not.

I'd agree mostly with this. I do feel for her for the fall, and the subsequent restrictions, I'm just upset with her for claiming for it. Just because you CAN claim doesn't mean you SHOULD.

Stealthfins

I'm really jealous she got that much money for a gash.
I love a good moan.
I'd never claim for an injury.

sconhome

tina1040 wrote: »

Was it rotten and she fell through it or did she just trip from not being careful enough? With hiking in the hills that would make a big difference.

I don't know. The claim is they were

Judge Linnane said it was clear from photographs produced in evidence that the boardwalk had been made up of second hand wooden railway sleepers that were badly rotted with protruding staples loosely holding down chicken wire.

But that sounds like every boardwalk I have ever seen. An experienced walker knows to be careful around them and not use them blindly.

Djoucer

Captain Flaps wrote: »

but if they invest significantly in it they're basically accepting responsibility for the upkeep indefinitely, as well as any injuries that may occur.

The argument to the contrary is what the NWPS argued: "the doctrine of volente non fit injuria (no wrong is done to one who consents)."

Most hill walkers and trail runners do not expect the boardwalk to be regularly maintained and that it's subject to harsh conditions so it can be become unstable at anytime.