A €6,000 personal injury compensation has been awarded to a rugby fan who was struck on the head after a level crossing barrier collided with him as he was walking towards the Aviva Stadium in 2018.
Dublin Fire Brigade paramedic Rod Hayden walking among a crowd of supporters on his way to the Leinster v Munster match on October 6, 2018. When he was waiting for the the automated barrier gates of the Dart crossing at Serpentine Avenue, Ballsbridge, Dublin 4, to rise and open.
When the gates opened he had proceeded to walk forward but, before he got completely across the gap, he was struck on the head and he he fell to the ground in pain.
Mr Hayden, despite feeling dizzy, became aware that there were some other individuals still standing on the tracks between the shut barriers and that there was someone in a high-vis coat at the level crossing. Due to the dizziness he could not remember anything that was said by anyone present at the time of the accident.
Mr Hayden he attended his local GP as he was experiencing headaches following the incident. His GP diagnosed him with whiplash and prescribed him a course of pain killing medication. Following two further check up appointments, Mr Hayden’s symptoms were not longer noticeable during January 2019.
Brendan Savage, legal counsel for Iarnród Éireann questioned Mr Hayden to ascertain if he had been aware of the warning buzzer or lights as he was crossing the tracks as the barriers went up. Mr hayden said he had not been conscious of this at the time. Video footage captured by CCTV was presented to to the judge.
Expert witness engineer Neil O’Carroll investigate the area that the incident took place. In his findings he said that there was a six second gaps between the first barrier going up and the second barrier coming back down but that the crowd had been moving moved slower than this. He added that the loudness of the warning signal was low and possibly inadequate for a match day crowd.
Iarnród Éireann, according to Judge Deirdre Gearty, had failed in its duty of care and was liable for the injuries Mr Hayden experienced. At Dublin District Court she awarded €6,000 plus legal costs, medical and witness expenses to Mr Hayden.