The High Court ruled yesterday that Leitrim County Council has limited liability for a tourist who was injured during a visit to the Glencar waterfall in 1995. Mrs Ann Thomas (62), a businesswoman, of Weston, Honiton, Devon, England, suffered severe ankle injuries while visiting the waterfall, the court was told.
The council claimed Mrs Thomas was a licensee and that the only duty it owed her was not to set a trap and to warn of concealed dangers. Mrs Thomas claimed she was an invitee to the area and this meant that the occupier of the land must enjoy a material interest, generally a financial interest.
The accident happened some months before the distinction between a licensee and invitee was abolished in the Occupiers Liability Act, 1995.
Mr Justice McCracken said the site was clearly a tourist amenity and was designed to attract tourists into Co Leitrim. One of the main purposes, if not the principal purpose, of attracting tourists into an area was to bring financial benefits to the area. In his view Mrs Thomas entered the area as an invitee.
Mr Justice McCracken assessed two-thirds contributory negligence on Mrs Thomas's part and said she would be entitled to one-third of the damages ultimately determined.