PERSONAL INJURY

PERSONAL INJURIES
Award Reduced Due to Exaggerated Claim

The plaintiff, a personal trainer, claimed that he suffered from claustrophobia as a result of an incident in June 2021 where he had been trapped in a lift. He claimed that he could no longer tolerate confined spaces and he feared that he would never to able to fly again.

In the course of the trial, photographs were produced showing the plaintiff striking a muscular pose in a one-person sauna following the lift incident together with photos showing he had flown to Rome on a visit.

His Hon. Judge Shannon said he had to take into account the photographic evidence in considering damages. While the judge found the plaintiff to be a genuine witness and accepted that he suffered from nightmares and panic attacks, the judge nonetheless could not ignore the photographic evidence of the plaintiff coping in the confined space of a single-use sauna and his evident ability to cope also with air travel.

Counsel for the defendant told the court that a few days following his return flight from Rome, that he failed to tell a doctor at a medical examination about his flying activities.

Previously, the court was informed that the plaintiff had been offered €15,000 in settlement but he had declined.

In assessing the damage suffered, the judge awarded the plaintiff €8,250 plus expenses of €2,394.

Counsel for the defendant asked the judge to award costs on the District Court scale as the amount awarded fell within the District Court jurisdiction. The judge agreed and so ruled.


The defendant had conceded that the plaintiff had been trapped in a lift at his apartment block residence until a neighbor heard his cries for help and had called the emergency services.

The court was asked to assess the damages only as the defendant had conceded fault in the case.

Robert Smith v Infinity Lifts Ltd Circuit Court (His Hon Judge Geoffrey Shannon) 21 November 2024.