Neutral Citation  IEHC 793
THE HIGH COURT
ANDOBH LUXURY ACCOMODATION LIMITED AND CIARAN FITZGERALD
JUDGMENT of Mr. Justice Bernard J. Barton delivered on the 11th day of November, 2015
1. Shortly after 11 pm on the 15th of February 2009, the Plaintiff, who was a guest in The Old Bank House, Kinsale, Co. Cork (the premises), fell from the open window of his bedroom onto the roof of the adjoining post office. As a result of the fall the plaintiff suffered multiple and potentially life threatening injuries in respect of which he brings these proceedings.
2. Quite how the plaintiff came to fall from the window is but one of several hotly contested issues which the Court is required to determine. That the plaintiff fell onto the roof is not in question. He says he lost his balance. The defendants say he threw himself out of the window; in short, that he jumped. If the plaintiff jumped it was agreed that that would be the end of the case. Accordingly, it is proposed to determine that issue first.
3. The first and second named defendants are sued as the owners and occupiers of the premises, which, at that time, was run as an adjunct of or annex to the Blue Haven Hotel, Kinsale. The plaintiff brings these proceedings against the defendants for breach of contract and/or alternatively for misrepresentation, negligence and breach of duty at common law or, alternatively, for breach of statutory duty pursuant to the provisions of the Occupier’s Liability Act, 1995 and the Hotel Proprietor’s Act, 1963.
4. The defence delivered on the 21st of December 2011, put the plaintiff on full proof of his claim save for an admission that he and his fiancée were lawful visitors and that the premises was in the occupation and ownership of the first defendant. The defence otherwise raises a plea that the plaintiff was guilty of negligence, including contributory negligence, the essence of which is that the plaintiff was the author of his own misfortune, in particular by throwing himself out of the window of their bedroom following a row with his fiancée. A special reply to the defence joining issue with those pleas was delivered on the 21st of November 2012.