An adventurer from Northern Ireland who became the first blind man to reach the South Pole is in line for multi-million-pound compensation after falling out of a window at his friends' home.
Mark Pollock sued his friends, Enda and Madeline Cahill, through their public liability insurance after the more than 7m plunge onto the patio of their home in England in July 2010.
Today, after a week-long trial at London's High Court, Mr Justice William Davis upheld his claim against the couple.
The 39-year-old was staying with the Cahills when he fell through the window of his upstairs bedroom, suffering catastrophic spinal injuries.
His legal team, led by Mr Christopher Wilson-Smith QC, blamed Mr and Mrs Cahill at London's High Court, saying the window should never have been left open.
The incident left Mr Pollock paralysed, requiring a wheelchair and dependent on care.
The ruling means Mr Pollock will receive massive compensation from the Cahills' household insurers to cover the costs of all the care and assistance he will need for life.
Mr Pollock earlier told the court he had no memory of the incident but that he was probably "on his way to the bathroom and was disorientated and tripped out the window".
However, the Cahills, of Woodview, Remenham Lane, Henley, have always denied the incident was in any way their fault.
Their barrister, Stephen Grime QC, described it as "a freak combination of circumstances" which no one could have foreseen and for which "no one can or should be blamed".
Querying Mr Pollock's theory about his fall, the barrister said he might have leaned out of the window or even been sleep-walking.
However, Mr Wilson-Smith insisted that the "only sensible interpretation" of the evidence was that "this accident was caused because the window was left open".
An "open window at that height, without warning, constituted a trap. He was snared by that trap and he sustained his injuries", he told the court.
He said there was not a "shred of evidence" that Mr Pollock was sleep-walking or believed that he was climbing out of a cabin or hatch on a boat.
Mr Pollock lost his sight in 1998 at the age of 22 but went on to win bronze and silver medals at the 2002 Commonwealth Games.
He has taken part in extreme marathons and Ironman events and, since his fall, has helped pioneer use of robotic legs.
Mr Pollock's lawyers say he has limited his damages claim to the amount which can be recovered under the Cahills' household insurance.
He had done so with the express intention of ensuring that the couple did not have to pay out themselves.
The amount of his payout has yet to be assessed, but is bound to be a seven-figure sum given the costs of his long-term care.
In a statement, Mr Pollock said the damages are essential to assist him with this additional care and rehabilitation needs.
He said he was advised to check all possible sources of insurance and home insurance policies because his injury is so prohibitively expensive.
He said: "The headlines that said that I was suing my friends were misleading.
"My claim was made where there was a public liability insurance policy in place to meet the cost of accidents like mine.
"Most house insurance policies contain such cover for this exact purpose.
"Therefore the insurance company's solicitors defended the case.
"My friends did not have to hire their own solicitors or incur any legal costs.
"They were never at risk of having to compensate me from their own pockets for the costs I bear as a result of my injury, the case was expressly limited to the cap on their insurance policy."
