Case Study: June 2022
Cian O’Carroll Solicitors successfully achieved substantial multi-million euro damages for a client who sustained catastrophic spinal injuries in an equestrian sporting accident. This was a landmark outcome, the first successful catastrophic injury case ever taken against a hunt in Ireland for injuries sustained while hunting on horseback.
The case presented a number of complex and novel legal issues. The defence initially sought to rely on the long-established rule that a member cannot sue their own club, as it lacks separate legal personality and a claim by a member is treated as suing themselves. Through careful examination of the club’s constitution and rules, we established that our client was not technically a member at the material time, thereby removing that defence entirely.
The defendants also alleged that the plaintiff’s protective gear had been defective and contributed to the accident. We commissioned detailed reports from internationally recognised experts in equestrian safety equipment who confirmed that the protective gear had performed as expected and played no role in the cause or severity of the injuries.
Extensive expert evidence was required across multiple disciplines, including specialist engineers, equestrian experts, arborists and safety consultants, to demonstrate that the defendant had created a hazardous environment by abandoning an attempt to cut down a tree and by leaving other dangerous vegetation in place. By creating an unsafe, pre-prepared route and failing to complete the work, the defendant had assumed responsibility for the danger that ultimately caused the accident.
As a result of this negligence, our client sustained devastating spinal injuries leading to paralysis from mid-thoracic level, a ruptured disc at C6 with spinal damage, paralysis of the left hand, partial paralysis of the right hand, impaired breathing due to diaphragmatic weakness, and vocal cord and swallowing difficulties. He remains highly vulnerable to respiratory infections and requires substantial lifelong care and assistance.
Following intensive negotiation, the case settled for substantial multi-million euro damages, providing vital financial security for our client and recognition of the profound impact of his injuries. This exceptional result stands as a significant precedent for accountability and safety standards within equestrian sport in Ireland.