The Plaintiff alleged that on 23 October 1998, at 2.30pm, she sustained injuries at Kiltonga Duck Pond, Newtownards. While accompanied by her mother, she was attacked by geese, which made for her in a menacing fashion. As a result, she lost her footing and sustained a spiral fracture to her left tibia. She alleged that the Defendants had failed to give any adequate warning, had failed to maintain the pathway, or inspect it, and further, she alleged a breach of Section 2 of the Occupier's Liability Act (NI) 1957.
In evidence, her mother told the Judge that she was at the park with her two daughters. One of the ducks or geese ran at Rebecca, who was then 6 years old, hissing and spitting at her. Rebecca turned to get away but because of berries and leaves on the pathway she slipped and sustained her injury.
On cross-examination, Mrs Robinson confirmed that she had told Mr Wallace FRCS that it was not geese, but ducks, that had startled her daughter. Also, she had been at the duck pond before, "once or twice,"and qualified this statement by saying that she had never been around the back and had always been to the front of the duck pond. There followed cross-examination on the exact location of the accident and the condition of the pathway at the time of the incident.
The Judge said that, unfortunately, he was going to have to dismiss the case as he could see no negligence on behalf of the Council. The Plaintiff was legally aided and he made the usual Order as to costs.