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Blind adventurer Mark Pollock wins claim over paralysing window fall | Blind adventurer Mark Pollock wins claim over paralysing window fall |
(about 2 hours later) | |
A blind adventurer who sued friends after being left paralysed when he fell from a window in their home has had his claim against them upheld. | A blind adventurer who sued friends after being left paralysed when he fell from a window in their home has had his claim against them upheld. |
Mark Pollock, originally from Holywood, County Down, suffered a serious spinal injury in a 25-foot fall in July 2010. | Mark Pollock, originally from Holywood, County Down, suffered a serious spinal injury in a 25-foot fall in July 2010. |
A year earlier he had become the first blind person to trek to the South Pole. | A year earlier he had become the first blind person to trek to the South Pole. |
He is now set to receive compensation from his friends' household insurers to cover the cost of his long-term care. | He is now set to receive compensation from his friends' household insurers to cover the cost of his long-term care. |
The incident left him in a wheelchair and dependent on care. | The incident left him in a wheelchair and dependent on care. |
Mr Pollock, 39, blamed Enda and Madeline Cahill for his fall, saying the window should not have been left open. | Mr Pollock, 39, blamed Enda and Madeline Cahill for his fall, saying the window should not have been left open. |
But the Cahills, of Woodview, Remenham Lane in Henley, Berkshire, denied the fall was their fault in any way. | |
Mr Pollock was 22 when he lost his sight in 1998. | Mr Pollock was 22 when he lost his sight in 1998. |
But he went on to win bronze and silver medals for rowing at the 2002 Commonwealth Games. | But he went on to win bronze and silver medals for rowing at the 2002 Commonwealth Games. |
He also took part in extreme marathons, and completed the 1,400-mile Round Ireland Yacht Race 10 days before the fall. | He also took part in extreme marathons, and completed the 1,400-mile Round Ireland Yacht Race 10 days before the fall. |
The judge at the High Court in London ruled that the open window created an obvious risk for a blind person, particularly on the second storey of a house with nothing to prevent a fall to the ground below. | The judge at the High Court in London ruled that the open window created an obvious risk for a blind person, particularly on the second storey of a house with nothing to prevent a fall to the ground below. |
"I am satisfied that the Cahills failed to discharge the common law duty of care they owed as occupiers," he said. | "I am satisfied that the Cahills failed to discharge the common law duty of care they owed as occupiers," he said. |
"The open window was a real risk to Mr Pollock. They created that risk". | "The open window was a real risk to Mr Pollock. They created that risk". |
Mr Pollock, who now lives in Dublin, said in a blog post after the ruling that he had "expressly limited my claim for damages" to the £2m cap on the Cahills' insurance policy. | Mr Pollock, who now lives in Dublin, said in a blog post after the ruling that he had "expressly limited my claim for damages" to the £2m cap on the Cahills' insurance policy. |
"This is a fraction of the financial cost I bear as a result of the fall," he said. | "This is a fraction of the financial cost I bear as a result of the fall," he said. |
"But I did not think it fair that my friends would have even one moment of worry that they would have to personally pay me a penny. | "But I did not think it fair that my friends would have even one moment of worry that they would have to personally pay me a penny. |
"Spinal cord injury is described as a catastrophic injury because not only is it horrific for its physical and life-altering aspects, it is also prohibitively expensive." | "Spinal cord injury is described as a catastrophic injury because not only is it horrific for its physical and life-altering aspects, it is also prohibitively expensive." |
His solicitor Ben Rogers said the incident had left Mr Pollock with "enormous challenges in his life". | His solicitor Ben Rogers said the incident had left Mr Pollock with "enormous challenges in his life". |
"Mark Pollock is a remarkable man and has conducted himself with the utmost integrity in relation to this claim and his paralysis. | "Mark Pollock is a remarkable man and has conducted himself with the utmost integrity in relation to this claim and his paralysis. |
"The damages are essential to assist him with his additional care and rehabilitation needs." | "The damages are essential to assist him with his additional care and rehabilitation needs." |