Gardener awarded €100,000 after hurting wrist in step ladder fall

A man who suffered a serious wrist injury after falling from a step ladder while working as a gardener has been awarded €100,800 by the High Court.

Slawomir Marek, a Polish national who lives in Castlerea, Co Roscommon, sued his employer, Agatha Mocior, trading as Summitto Garden Architecture and Landscape Design, over the accident in the garden of a house at Neville Road, Rathgar, Dublin, on September 17th, 2012.

He also sued the householder, Kevin O’Higgins, but the court found Ms Mocior liable for the award as she had failed to provide a safe system of work as Mr Marek’s employer and dismissed the case against Mr O’Higgins.

Mr Justice Bernard Barton ruled Mr O'Higgins cannot bear responsibility at law for the accident when he was never asked or gave permission for the ladder to be used in work to remove a dead branch from a tree in the garden.

Head injury

Ms Macior, who lives abroad and said she could not afford to defend the case, had been providing gardening services to Mr O’Higgins and his wife.

Mr Marek suffered serious bilateral wrist injuries and a minor head injury in the fall, required surgery and wore a wrist cast for seven weeks.

His employment was terminated shortly after the accident and with the exception of one short period, he was unemployed from the day of the accident to early last February when he secured a job in light manufacturing.

The judge said he was impressed by Mr Marek’s fortitude and commitment to get on with his life as best he can. He awarded €95,000 for past and future pain and suffering, €5,000 special damages and €800 for medical expenses.