11 Sep Hillwalking public liability accident
With the number of people taking up outdoor activities on the rise, so are the number of hill walking public liability accidents. Because of the isolated locations of many of these accidents, it’s unlikely any witnesses or CCTV footage can provide evidence-making claims difficult to prove. Sympathies can often lie with landowners as well.
However, if you or a family member have been injured in a hillwalking public liability accident due to someone else’s negligence, contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors for advice.
Can I receive compensation for a hillwalking public liability accident?
Injuries sustained while hiking can be severe and seriously impact a hillwalkers quality of life and their ability to enjoy outdoor pursuits. After a fall, trip or slip, you may want to claim compensation for your injuries, medical expenses and time missed from work.
To make a claim, two things are necessary:
- You must have sustained an injury
- The negligence of a third party must have caused your injury
In the case of a hillwalking public liability accident, the negligent third party is usually the landowner.
The likelihood of a successful claim depends on the circumstances which led to your accident. If the blockading of a public right of way led to your injuries, you may have a case. In 2015, a fisherman who fractured his ankle while climbing a fence which blocked an established right of way was awarded €60,000. Because the gate was nailed shut and no sign indicated that the right of way was blocked, the landowner was liable.
However, hillwalking public liability accidents aren’t always so clear cut. For example, in 2016, a female hillwalker received €40,000 after falling on a rotting boardwalk on the Wicklow Way. The Circuit Court judge believed the landowner was negligent for failing to maintain the boardwalk. However, the High Court overturned this ruling the following year deciding the woman was negligent because, as an experienced hillwalker, she should have been able to scale the boardwalk without incident.
What to do after a hillwalking public liability accident
After an accident, gather evidence of the hazard which caused your injury and collect the contact details of anyone who witnessed the incident. Then get in touch with a solicitor.
Contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors today. Our dedicated team will help you identify the responsible party, submit a claim to the Injuries Board and advise you on the amount of compensation you should expect.