THE HIGH Court has ruled Dublin City Council has no liability for injuries suffered when a man was allegedly struck by a horse at Smithfield horse fair in the city three years ago.
Patrick Loughran (64), a retired engineer, claimed the council had a duty of care to him arising from an incident on February 3rd, 2008, when he was hit by a horse and small carriage, known as a sulky. The owner of the vehicle was never identified.
Mr Loughran said he was standing on the pavement when two sulkies racing one another came towards him. One vehicle suddenly mounted the footpath and he was struck by the horse and thrown over a bollard, leaving him with injuries to his left shoulder, neck and back, it was claimed.
He claimed the council was negligent in allowing the fair to take place and in failing to provide any or adequate supervision over it. It was also alleged the council failed to manage and control the driving of horses and sulkies.
He alleged the council failed in its duty to take reasonable care over pedestrian safety and to remove foreseeable dangers such as bollards. It was claimed the council failed in not erecting safety railings and not controlling traffic.
The council denied the claims, pleaded it had no role in the running of the fair and added it had been trying to have the fair shut down for years. The case was previously dismissed in the Circuit Court and came before the High Court via an appeal.
Yesterday, Mr Justice Paul Gilligan dismissed the case after finding that while the owner of the sulky may have had a liability, no case had been made out against the council. He said the fair existed under an ancient market right of 1665. He took account of evidence from the council that it has been calling for legislation to have the fair shut, and a 2007 health and safety report stating it was impossible to run a horse fair in such an enclosed location.
Earlier, Sgt Laurence Brady, Bridewell Garda station, said the fair was organised by the Smithfield Horse Owners’ Association and is held on the first Sunday of every month, except August. Gardaí were on hand to enforce road traffic and public order laws, he said.
Charlie Lowe, central area manager with the council, said it was inherently dangerous for the fair to be held in an enclosed area. The association was a grouping claiming to run the fair but it was the council which cleans up “the mess” after each event, Mr Lowe said. Under cross-examination, he added Smithfield was a publicly accessible open space. “Our view is that anybody attending the fair does so at their own risk,” he said.