Supreme Court Finds ESB Is Liable For Some Flood Damage At UCC
The court found the ESB was in breach of a duty of care to the college during the floods in November 2009
The Supreme Court has overturned a decision by the Court of Appeal and found that the ESB has liability for some flood damage caused to part of UCC's campus in the 2009 floods
The court found the ESB was in breach of a duty of care to the college during the floods in November of that year
However, the issue of contributory negligence by UCC has yet to be dealt with and the case will also have to return to the High Court for damages to be assessed.
in 2015 the High Court found that the ESB was 60% liable in respect of flooding and warnings however that decision was overturned by the Court of Appeal.
In its ruling, the Supreme Court found the ESB had a duty of care to landowners and occupiers downstream of the Lee dams.
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