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Personal injuries liability finding was not supported by credible evidence

By: Colm Scott Byrne BL

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Court of Appeal allows appeal and overturns a decision of the High Court awarding the respondent damages for a trip and fall, on the grounds that: (a) the trial judge accepted the fallacious theory that if the respondent tripped, there must have been a trip hazard, and that if there was a trip hazard, there must have been negligence; and (b) the trial judge erroneously considered that the evidence satisfied the burden of proof on the respondent in circumstances where the evidence fell far short of doing so, to the extent that it could be said that there was no credible evidence to support the liability finding of the trial judge.

McGovern J (nem diss): Personal injuries - appeal of a decision of the High Court awarding the respondent damages after a trip and fall - negligence - the case was pleaded as a trip and fall by reason of the alleged dangerous and defective condition of the courtyard area where the accident occurred - duty of an expert - whether there was credible evidence to support the trial judge's finding - appeal allowed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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