Tiernan & Co. Solicitors acted for the plaintiff in a High Court case that has found a housing estate developer responsible for a trip and fall on an estate footpath, after the paving was lifted by the roots of a tree the developer had chosen and planted. The related claim against the local council was dismissed. In a point that matters for injured people, the court held that a developer cannot avoid responsibility simply because the council had listed that tree as a recommended species: the duty to pick a tree suited to the actual location still sits with the developer.
What happened
Our client, Carol Loua, a healthcare assistant, was walking through the Broadfield estate in Rathcoole, County Dublin, in April 2018 when her foot caught on a raised section of concrete and she fell, fracturing her shoulder. The court heard the injury has had a lasting effect on her. It accepted that the uneven paving had been pushed up by the roots of a lime tree that had been planted in a narrow grass verge running alongside the path.
Why the developer was held responsible
Ms Justice Denise Brett found that the developer, Cavan Developments Ltd, had built the estate and had chosen and planted the tree, and that the harm to the footpath was a foreseeable consequence of putting that species in that spot. The court weighed the choice of species, how close it sat to the footpath and its expansion joint, and the fact that no root barrier or other root-management measure had been used. It also noted that the developer had had the tree taken out in October 2017 but did nothing to repair the footpath and did not tell the council about the problem. The claim against South Dublin County Council was dismissed.
A recommended-species list is not a defence
The developer had leaned heavily on the fact that lime trees were on the local authority’s list of species recommended for street planting. The court did not accept that as a full answer. A tree expert gave evidence that the lime is a tree you would normally expect along wide avenues or in parks and large open spaces rather than in a narrow verge beside a path, and the judge held that a recommended-species list does not remove a developer’s own obligation to select a tree appropriate to the specific location. She was careful to keep the ruling narrow: it was not a decision about whether trees should be planted in housing estates, or about routine maintenance of mature trees, but about the results of placing this particular kind of tree in this particular setting and how it would grow over time.
What this case means if you have been injured in a trip or fall
Uneven footpaths, raised paving and other trip hazards in public and shared spaces are a common cause of serious injury. This case is a reminder that responsibility can rest with whoever created a hazard or failed to put it right, not only with a local authority, and that a party cannot always point to official guidance to escape that responsibility. Whether a claim succeeds depends on the particular facts, including who was in control of the area and whether the danger was foreseeable. Strict time limits apply to personal injury claims in Ireland, so it is sensible to get advice as early as you can.
Speak to a solicitor
If you have been injured in a trip or fall in a public or shared space, you can speak to an experienced solicitor at Tiernan & Co. Solicitors. Call 01-6760988 or contact us to talk through what happened. We can also explain how public liability claims work in Ireland.
The case was reported by The Irish Times, 17 July 2026: report.
