Injury Compensation News

A female bus driver, who had to take early retirement due to slipping and falling on the bus company’s stairwell, has been awarded 553,000 Euros in personal injury compensation. Susan Conaty (52), of Arklow, County Wicklow, was taking a rest break from her driving duties at the Dublin Bus Donnybrook depot in December 2003, when she slipped walking up the stairwell which led to the canteen. She subsequently fell eight to ten steps and landed upside down – suffering severe personal injuries that were made worse by an existing back condition.
Mr Justice Iarhflaith O’Neill in the High Court heard that Ms Conaty had tried to return to work after the accident, but had to take early retirement in 2006 because of her injuries. Ms Conaty filed a claim for personal injury compensation against Dublin Bus because, she claimed, they had not provided her with a safe environment in which to work.
The court heard that Dublin Bus had permitted the unsafe practice of allowing drinks to be taken from the canteen, and that this had lead to liquid being spilt on the landing area which had a slippery vinyl surface. Mr Justice Iarhflaith O’Neill found that Dublin Bus had failed in its duty to provide Ms Conaty with a safe place in which to work and awarded damages of 553,000 Euros.

The Health and Safety Authority (HSA) has launched Construction Safety Week to reduce the number of construction accidents and construction accident claims. The focus of the safety week will be construction vehicles, presumably because the HSA as identified this aspect of construction sites as needing improvement. HSA staff will conduct construction site inspections this week.  As well as inspecting construction sites, HSA staff will also try to educate construction firms on the hazards posed by construction vehicles in an effort to prevent future accidents.

The HSA points out that accidents involving construction machinery and vehicles are responsible for very serious accidents and construction worker deaths.

Two construction workers have lost their lives so far this year, a much improved safety record compared with 2009.

Vincent McGuinness, a fireman from Dundalk, County Louth, has settled a High Court compensation claim for a five-meter fall from a ladder while fighting a fire at a derelict house at Culhane Street, Dundalk, in February 2004.  Mr McGuinness took the action against his employer Dundalk Town Council and the owner of the building that caught fire.
The case against the building owner was on the basis that he failed to secure the premises adequately and failed to ensure that a fire would not occur there. 

Mr McGuinness was injured while following a direct orders to climb a ladder that was placed by a superior officer against iron guttering, which later collapsed and moved the ladder.  Mr McGuinness landed on his back while his breathing apparatus canister was still attached to his back, causing a vertebra injury. Mr McGuinness spent spent three days in hospital and wore a neck brace for three months.  Mr McGuinness was unable to work for five months.
It was claimed that a hydraulic ladder that was available on the fire truck at the incident should have been used. The council argued that it had taken all appropriate measures, there was contributory negligence, and that the fire was started by a third party and therefore the council had no liability in law.
The case was settled before the jury made an award, presumably because the defendants were afraid of what a jury would award to a fireman injured while bravely fighting a fire.