Cases of No Merit Dismissed
In two High Court cases taken together the Court in dismissing them spoke at length on the economic reasons why an impecunious plaintiff with an unmeritorious claim for a minor injury who is hoping for a settlement, would choose to take their case in the High Court where legal costs are high.
In the case before the Court, two women suffered separate ankle injuries as each got off a swing in a children’s playground in County Tipperary. The accidents were caused by adults using equipment intended and designed for use by children. The judge said ‘common sense’ would tell any adult that they should not use a swing designed for use by children.
The plaintiffs sought €60,000 from Tipperary County Council claiming that the council had negligently set the swing height too low and, accordingly created a risk for injury.
The judge accepted expert evidence that the swing was set at the correct height, for children, consequently there was no breach of duty or negligence by the council and their claims were dismissed.
Kennedy v Tipperary County Council  IEHC 643