O'Riordan v Clare County Council & Anor (Approved)

             It was common case that neither the ramp nor the cattle grid was constructed by the Council. In fact, the Council first acquired the roadway from a public entity known as Shannon Development which transferred all its assets to the Council in 2004. Those assets apparently included land, roads, footpaths, open spaces, waste water treatment plants, pumping stations storm and foul water systems among more. The transfer was described in

evidence as the largest property transfer in the history of the State. It appears that the road in question together with the cattle grid and ramp was constructed by Shannon Development.

             The judge first set out the evidence on liability from both sides. He then set out his findings of fact on the liability issues. He accepted fully the plaintiff's evidence and found

him to be an honest and truthful witness. The plaintiff was cycling slowly and in a cautious manner when the accident occurred. The sudden and unexpected drop from the ramp to the cattle grid caused the plaintiff to lose control of his bicycle and fall. The judge was satisfied on the evidence that the cattle grid and concrete surround were likely to have been constructed or installed by Shannon Development, the Council's predecessor in title.

             He found on the evidence that the Council was aware that people regularly walked and cycled, as well as drove motor vehicles, on this road, both for work and recreational purposes. He found it difficult to conclude other than that the Council was or must have been aware of the state of the cattle grid and, in particular, the concrete surround. He noted