Welcome, Guest. Please login or register.

Username: Password:

Follow NI-Wild

Pages: 1 [2]

Author Topic: Walker who fell and cut her knee while hiking Wicklow Way wins €40k in damages  (Read 9645 times)

whoRya

  • Has Camped With NI-Wild
  • Hero Poster
  • ******
  • Karma: 165
  • Posts: 1798

Yes Liam, that's pretty much how I feel about it.  There was reference earlier in the thread about the quality some of the stiles in the Mournes and a suggestion that we may be unhappy if they were not maintained in a very good condition.  Whilst the high quality of some of the stiles is of great value to the walker in the Mournes this is not by any means evident throughout the whole of the Mournes, and certainly not so in many areas outside of the Mournes.  Take the stone stile at the top of the Carrick Little track, it has a massive drop on one side.  Does that present a risk?  Of course it does, but you can use it at your own risk.  There is a gate to choose of course.   

My worry would be in the extension of this award of damages to other cases.  What about pitched sections of upland paths such as the track to the top of Slieve Binnian from the Lamagan col, or the 'staircases' up to Donard from the Saddle or Bearnagh from Hare's Gap?  Once you put someone on one of these is it unreasonable for them to expect steps to be of equal height and spacing?  Obviously I'd argue it was unreasonable and I'd be disappointed if things went that way.  But there are some people out there who may disagree.

Outside of the Mournes, in the Antrim Hills for instance there are some fairly rickety excuses for stiles.  I've crossed fences where there is nothing but a couple of upturned buckets and a bit of sack wrapped round the barbed wire.  That is still a welcome assistance for the walker.  The walker should know to exercise caution when using a crossing like this, we all know what it is like to cross a fence without a bit of help!  How might the owner of this land react to this ruling?  I know what the easiest and least risky response would be - a big 'private land' sign.   

To me the extent of the injury in this case should have been irrelevant in determining what risk the walker had accepted in being there.       
« Last Edit: April 21, 2016 by whoRya »
Logged
"Not all those who wander are lost."

specimanYak

  • Has Camped With NI-Wild
  • Hero Poster
  • ******
  • Karma: 105
  • Posts: 821
    • Videos

That's interesting Liam, but whether it's the actual section of the walk-way she fell on is another matter, it could go on for miles, it only needs one poorly maintained part to cause an accident. It did state in the article, and others I've looked at, that she followed the sign posts to the walk-way, and trusted their guidance. That's the dilemma, should she follow the guided sign-posts or use her own intuition and take another unguided route, because either way she's damned if she does and damned if she doesn't ie. if she hadn't followed the walk-way and fell, she'd be condemned as a fool for not using the guided path, but she did and fell anyway because of the poor maintenance of the walk-way, so what should she of done? She is an experienced hiker after all, and I'm sure she was aware of the risks either way, but just tried to do the right thing, ie. follow the arrows.

Structures in the outdoors have their own laws and are held to a higher degree of maintenance under UK law. That's the problem at hand (personally, I'd rather see none of these walk-ways in the hills), but if hikers are told this is the only proposed route you should follow, then they need to be fit for purpose and maintained properly.

Apparently, the case is going to the high courts for appeal so she may not get the amount specified, which in fact is a good thing as it only hi-lights how badly this has been reported in the media with click-bait titles and a witch-hunt mentality. Everyone's innocent until proven other-wise.
Logged

LandyLiam

  • Global Moderator
  • Hero Poster
  • *****
  • Karma: 166
  • Posts: 3824
    • Team BLRC

Quote
Take the stone stile at the top of the Carrick Little track, it has a massive drop on one side.  Does that present a risk?  Of course it does, but you can use it at your own risk.  There is a gate to choose of course.   
The stone stile was blocked off a year or so ago ;-)

Quote
It did state in the article, and others I've looked at, that she followed the sign posts to the walk-way, and trusted their guidance.
I had thought that the signs told her she had to follow the walkway, but if they were merely a guideline, then one would assume once they were deemed dangerous then one would walk another route or turn back.
Logged
think outside, no box required
Pages: 1 [2]
 

Bottom Sponsor

Recent Topics


Lough Shannagh by Scribble [March 22, 2023]

Where has everyone gone? by Glenn B [March 02, 2023]




Hello 👋🏻 by RedLeader [March 13, 2022]

Overnighter on 21st August by Wolf_Larson [November 02, 2021]

crabbing by Glenn B [July 19, 2021]


Slieive Binnian Hike by Rugged Track [November 06, 2020]

Silent Valley by Binnianboy [June 28, 2020]

Is it safe... by Rugged Track [June 02, 2020]




You've got a mention... by NorthernSky [December 12, 2019]


Hen Mountain Wild Camp by Rugged Track [November 28, 2019]

Happy Valley by Binnianboy [September 30, 2019]





Seven Sevens 10th August by RedLeader [August 20, 2019]