Caravan Park Action Dismissed by Judge

An action by a grandmother for damages arising out of a trip and fall accident at a caravan park in Woodstown was dismissed in the High Court in Waterford last week.

Mrs Philomena White (75) with an address on Waterford’s Cork Road sued the owners of the Saratoga Caravan Park, William Doherty, a publican, and S&K Carey building contractors.

The court heard that the plaintiff, who kept a caravan at the caravan park for the last 46 years, fell and struck her arm and shoulder against a wall on the way to the toilet block on the Bank Holiday of May 3rd, 2010. Her toe stubbed and she lost her balance and went “paddling through the air”.

In evidence it was stated by Ciaran Carey, for the defendants, that the caravan park was purchased in 2008 for €860,000 and the licence fee was increased from €1,000 to €2,500 a year for residents.

Judge Findley Geoghegan said the reason for the increased licence fee was disputed by the parties.

The defendants had a duty of care to the plaintiff as a visitor but she also had a duty to take reasonable care.

While the court had great sympathy for Mrs White the law had to be applied on the facts established.

The Judge said she could not find the defendants in breach of duty of care and dismissed the action with no order as to costs.

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