'People are far too litigious' - judge

A judge praised the unbelievable level of care taken by the GAA to safeguard fans when throwing out a €60,000 personal injuries claim by an executive officer with the Department of Justice who fell after a Cavan-Dublin encounter in Breffni Park three years ago, writes Ray Managh.
Judge Jacqueline Linnane told Cavan County Board chairman, Kieran Callaghan, that the stadium management had gone to remarkable lengths to ensure the safety of members of the public attending matches.
She said the event management plan put in place for the match on February 5, 2017, by the team of more than 170 stewards, gardaí, civil defence members and groundsmen was “unbelievable” in its detail.
The judge ordered 41-year-old Dublin supporter Martin Harte, of Cappagh Avenue, Finglas West, to pay the legal costs of Cumann Luthchleas Gael in defending the damages claim in which he alleged the sports body had been negligent in the provision, care and maintenance of steps exiting the open plan south terrace at Kingspan Breffni Park.
Mr Callaghan told the Circuit Civil Court that, if the GAA was compelled to introduce unrealistic remedies to 42,000 concrete steps in Breffni Park as suggested by a forensic expert on behalf of Mr Harte, it would also have to re-build every stadium in Ireland.
He told barrister Frank Martin, counsel for Cumann Luthchleas Gael, that Breffni Park had been re-constructed and refurbished in 1997 and there had not been a single accident reported up to Mr Harte’s incident or since it.
Mr Martin, who appeared with Donough Shaffrey of Shaffrey Solicitors, told Judge Linnane that experts had also carried out a safety audit at the stadium in 2012, which had not raised an issue about the lack of a handrail at the spot where Mr Harte had fallen.
Harte had claimed that, although it had been a dry day, the steps had been dangerously wet and slippery from overnight rain and the nosing of each step had been made more slippery due to having been painted. He had fallen, injuring his left shoulder and back.
The court heard there had been more than 16,000 spectators in the ground on the day and that more than a million people had been through the turnstiles without untoward incident in the last 10 years.
“We take safety in the ground very seriously and a risk assessment inspection and safety plan is put in place before every match,” Mr Callaghan said.
Judge Linnane said that, if there had been a handrail on the left hand side of the steps, which Mr Harte was descending, there was no guarantee that he or anyone else would avail of it. It had been open to Mr Harte to use the handrail on the right edge of the metre-wide steps.
“People are far too litigious,” Judge Linnane said. “There is an expectation that owners of premises  have to go to extreme lengths to try and prevent falls.”
Dismissing Harte’s case with an order for costs against him Judge Linnane said she had heard very good evidence from Mr Callaghan as to the care taken for the safety of spectators.