Ms Justice Bronagh O’Hanlon said Jonas Poska suffered a serious work related injury which has left lasting consequences.
The judge said the 28-year-old has a “niggling unfortunate injury” and though he had been given some safety equipment, he was not given sufficient training or a line through the ladder as he should have been.
Jonas Poska (28) of Station Street, Clongriffin, Dublin had sued DCI Energy Control Ltd, Carrickfergus, Co Antrim and Domestic Commercial Industrial Energy Ltd with offices at Greenhills Business Park, Tallaght, Co Dublin as a result of the accident on November 26th, 2014.
He had claimed there was an alleged failure to exercise any reasonable care for his safety while he was engaged in his work, along with an alleged failure to man the ladder.
He had further claimed there was an alleged failure to provide proper safety equipment for the ladder in use.
The claims were denied as it was alleged there was contributory negligence on the part of Mr Poska and that he had allegedly failed to take any adequate care for his own safety and welfare. It was further contended that Mr Poska attempted to undertake a task in an alleged dangerous and unsafe manner.
In evidence, Mr Poska said he was working to put polystyrene bead insulation in a house and had gone up the ladder to pump the insulation into the wall.
As he was descending the ladder, he lost his footing and swung to the left, with his hand becoming trapped between the wall and the ladder. He suffered a displaced fracture to his hand as a result. He said the grip of his left hand had been affected and he continues to have a permanent restriction of movement on the ring finger.
In her judgement, Ms Justice Bronagh O’Hanlon said that Mr Poska was a credible witness who did not overstate his difficulties and in fact understated them.
She said this was a reasonably foreseeable injury and Mr Poska was acting as best he could in circumstances where he did not have the additional wire or languard to assist him.
She said Mr Poska was not given sufficient training and while he had some equipment, he did not have a line through the ladder as he should have had. The judge said a ladder in itself is a dangerous piece of equipment and the defendants were negligent in failing to provide a safe and secure system of work for Mr Poska with adequate safety measures.
She said the injury is serious and he continues to suffer from it five years on, although through his extensive efforts with hand therapy Mr Poska had done a lot to mitigate his losses.
