Alicia Mikielewska, a Polish national and beautician in Portlaoise recently learned that going go-karting is an inherently dangerous activity. The 26 year old beautician injured her buttocks and tail bone when she was flung from a go-kart during a fun race. She had claimed €60,000 for personal injuries against the operators of the go-kart facilities, Kylemore Karting based at Kylemore Industrial Estate, Killeen Road, Dublin. They denied that they bore any liability for the injuries of Ms. Mikielewska. They indicated that she had been given a helmet, a racing suit and driving gloves all of which she had worn and they required her to watch a 7-minute safety video about go-karting. The plaintiff had go-karted on several previous occasions and on each occasion the video had been shown. The court was satisfied that Ms. Mikielewska was aware of the risks involved. Go-karts themselves do not contain any seatbelts for specific safety reasons. It is safer for a driver to be thrown clear rather than to be strapped into a cart that may overturn. Judge Terence O’Sullivan dismissed the Plaintiffs case. He failed to see how Kylemore Karting were negligent. He was satisfied that Ms. Mikielewska was aware of the risks and took on board the evidence of an expert on behalf of Kylemore Karting who said that go-karting was similar to riding a motorbike or a quad. Judge O’Sullivan found Ms. Mikielewska a genuine plaintiff and refused to grant costs against her.

The case is an example that not all personal injury cases will be settled by an insurance company at an early stage. Obviously, between discussions of the karting company and the insurance company it was considered appropriate to defend the action. It would be difficult for a karting company to continue in operations if every time somebody was injured in the risky activity that it led to a successful claim. The case does go against however our experience that insurance companies tend to be keen to settle matters. They tend to contest cases where they feel that there are elements of fraud or a lack of genuine injury. With this case, while the plaintiff did take 3 previous personal injury actions the court found the plaintiff to be genuine.

For any more information on personal injury cases please contact Colm Kelly on 066 9761295 or email ckelly@hcalaw.ie