The Creighton Case shows that the State can be liable for Personal Injuries caused to one inmate by another.

In June 2013, Mr Creighton was awarded €150,000 by the High Court in his action against the State for personal injuries he sustained in an unprovoked attack by a fellow inmate. This was heralded as a land mark decision, as it was the first time in Ireland that a plaintiff had been successful in a personal injuries claim against the State for injuries caused by another prisoner.

However despite the publicity the case received, it did not change personal injuries law in Ireland, nor did it change the duty of care that the State owes prisoners in its care. Although this is the first time such a personal injuries case has been successfully taken against the State, the State have always had a duty of care to take all reasonable precautions to ensure that prisoners are not exposed to the risk of injury.

What was perhaps most notable about this case is that for the first time a prison expert gave evidence on behalf of the plaintiff. This evidence was vital to the plaintiffs claim being successful.

If you have any queries regarding personal injuries or any other aspects of Law, please do not hesitate to contact Hanahoe and Hanahoe, Solicitors, 16 North Main Street, Naas, County Kildare.

Tel: 045 897784     086 6013611 (24 hours)