On the 12 th July 2024, OBL Partner, Mary Byrne, led another successful defence of the within proceedings in Kilkenny Circuit Civil Court before his Honour Judge Dunphy on behalf of St. Kieran’s College Kilkenny last month.

This case involved allegations regarding a frozen equestrian arena surface causing a 13 year old boy to fall off his horse and sustain injuries during an interschools equestrian competition. A full defence was delivered with appropriate defence expert equestrian and engineering evidence procured by OBL Solicitors.

In an unequivocal dismissal of the Plaintiff’s case, the Trial Judge determined that the incident, the subject matter of the within proceedings, was a the horse riding accident. He held that the surface of the show jumping arena was professionally installed and not causative of the Plaintiff’s horse slipping. He held that the event was properly organised and managed and that the prevailing conditions were safe for the event to proceed and found no evidence of negligence on the part of the Defendants and therefore no liability could attach to any of them.

These proceedings issued prior to the enaction of the amendments of the Occupiers Liability Act on the 31 st July 2023 which will grant further and wider defences in such recreational and equestrian type claims.