bporeilly  
Gavel

B.P. O'Reilly

Legal Services For Individuals

Legal Services For Business


Deer Crash in Phoenix Park Dublin

Hi Declan. Can you ask your legal expert if it is true that if you knock down a deer in the Phoenix Park you have to pay for it even though your car gets damaged? Tunde

Hi Declan.  Can you ask your legal expert if it is true that if you knock down a deer in the Phoenix Park you have to pay for it even though your car gets damaged?  Tunde

Hi Tunde.  This is a very interesting question.  Let me first indicate what happens if you hit a deer on the public road not in the Phoenix Park but anywhere in the Country.  The deer had to come from somewhere – usually private land and probably a forest.  If you can prove that the deer came from and was generally living in a particular forest and that the farmer or forester knew or reasonably ought to have known that the deer was there (it may have ear tags etc) then the farmer / forester maybe liable for failing to fence their property and therefore allow the escape of the deer.  But proving this is the big problem.  I represented a lady travelling from Blessington to Dublin and who hit a deer and wrecked her car.  There was no markings on the deer and no way of proving that the deer came from any particular wood or forest (there were a number of plantations around that area).  In civil law if you cannot prove that someone is responsible then you can’t bring a case against them.  In that particular instance I advised the lady to claim from her comprehensive insurance and let the insurance company do the investigations.  I felt that, who knows?- maybe the insurance company would be able to come up with enough information through a private detective to be able to prove the case against a forester and successfully bring a claim.  If this were to happen and the insurance company recovered the full damage for her comprehensive policy then she should be entitled to have her no claims bonus reinstated. 

The situation in the Phoenix Park however is different and is, I believe like a private farm.  The Phoenix Park is governed by the Phoenix Park Act 1925 and regulations made under it The Phoenix Park Dublin Byelaws 1926.  Even though the road is open to the public has a different status than the normal rules of the highway and whilst in the legislation there is no particular protection for the deer (other than an obligation not to molest them deliberately) my reading of the Phoenix Park is that because it is the largest city enclosed park in the world it is like a farm. 

If you are driving up the driveway of a private farm in the dark of night and you hit a cow you are certainly going to be responsible for that because you should expect animals to be there.  I believe it is the same with the Phoenix Park and this is where any liability might lie. 

I hope Tunde you are not a victim of having hit a deer and are at a loss as a result.  If your car has been damaged in this way it is best to leave it to the insurance company and let their claims adjusters and lawyers sort it out.  That is what you pay insurance for.

 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.