A man who fractured his hand after slipping on a wet concrete surface while going down a stairwell in Croke Park during the 2015 All-Ireland football final was entitled to €24,000 damages, a Circuit Court judge ruled.
Since Judge Jennifer O’Brien found earlier this month in favour of Darren Brooks in his case against Páirc An Chrochaigh Teoranta, an out-of-court settlement was reached when Croke Park indicated it was considering an appeal.
Judge O’Brien, sitting in Dublin Circuit Civil Court, decided Croke Park was liable for the “extremely painful” right hand fracture sustained by Mr Brooks, which required surgery and physio, and noted that he continues to suffer pain and has a small scar.
She found that no steps were taken to monitor and properly maintain the concrete surface other than regular cleaning. She found 20 per cent contributory negligence by Mr Brooks in not using either of the handrails available as he was descending the spiral staircase.
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The judge accepted evidence from Mr Brooks’ expert that the concrete was worn and shiny due to constant footfall over the area.
Damages were assessed at €30,200, reduced to €24,160 in light of the contributory negligence. The judge also awarded costs to Mr Brooks, but granted a stay pending any appeal.
Mr Brooks, from England, represented by barrister Fred Gilligan, instructed by Makay Solicitors, was attending the Dublin v Kerry final on September 20th, 2015 with his wife, a keen GAA supporter. Dublin emerged victorious after a match fought in wet conditions.
In her judgment, Judge O’Brien said that just before or at half-time, Mr Brooks was descending a spiral staircase and injured his right hand after slipping on pooled liquid when he stepped off the stairway.
Mr Brooks had said he reported the incident to a steward, and had medical treatment in the days that followed.
The court heard evidence from Mr Brooks, engineers and the Croke Park safety officer, and viewed photographs.
The experts agreed that, once wet, the area where the fall occurred moved from a mild to a moderate category in terms of diminishment of slip resistance.
Mr Brooks claimed steps should have been taken to warn of the hazard, whether by a steward or a notice, or that the water should have been brushed away.
Croke Park submitted that the hazard of surface water was obvious, and that Mr Brooks should have taken greater care of himself, used a handrail and, perhaps, travelled more slowly. Mr Brooks had denied he was rushing down the stairs.
The judge said photographs of the accident location depicted “very clear signs of neglect”. A stalactite had formed above the area, and there was a corresponding stalagmite on the floor beneath, although not the part of the floor that Mr Brooks had slipped on.
The court considered it was reasonable that Croke Park have an appropriate condition-based maintenance plan
She was “somewhat concerned” that, other than regular cleaning and “reactionary type maintenance”, there did not seem to be an “active management plan” for planned maintenance or preventative maintenance, at fixed intervals, having regard to the age of the stadium.
Evidence for Croke Park was that, when something breaks down, it is fixed and steps will be taken if the surface becomes a high risk for slippage, such as mechanical enhancement of the surface and other techniques to improve it.
The judge did not consider this was a satisfactory approach to maintenance for a facility like this.
She said it was not a good defence for Croke Park to say it has no “slip and fall” cases, she said. The court considered it was reasonable that Croke Park have an appropriate condition based maintenance plan such that surfaces would be checked at regular intervals and treated appropriately to ensure a safe surface for users.
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