201607.04
1

Judge Approves Caravan Holiday Injury Compensation Settlement

A judge at the High Court has approved a €106,000 settlement of caravan holiday injury compensation for a girl who allegedly cut her leg on a protruding nail.

In August 2009, Shauna Burke was just ten years of age when she was playing with friends near her family´s mobile home at Slattery´s Caravan Park in Lahinch, County Clare. While she was running around near the mobile home, Shauna cut her leg on a nail that was allegedly protruding from a metal box attached to a pole.

Shauna suffered a deep laceration above her knee and, despite receiving medical treatment for her injury, now has a permanent 6cm visible scar. Through her father – John Burke of Corbally in County Limerick – Shauna made a caravan holiday injury compensation claim against Austin Francis Slattery – the owner of the holiday venue.

In the legal action, it was claimed that the nail represented a hazard that Slattery knew about or should have known about as it was located in an area frequented by holidaymakers. Slattery denied liability for Shauna´s injury, but an offer of €106,000 caravan holiday injury compensation was made to account for Shauna´s pain and suffering and the cost of future medical care.

As the caravan holiday injury compensation claim had been made on behalf of a minor, the offer of compensation had to be approved by a judge to ensure it was appropriate for Shauna´s injury. At the approval hearing, Mr Justice Anthony Barr was told how Shauna´s accident was claimed to have happened and of its consequences.

After inspecting the scar on Shauna´s leg, Judge Barr said that the offer of caravan holiday injury compensation was a good one and he was happy to approve it. As Shauna is now seventeen years of age – but not yet a legal adult – the settlement of compensation will be paid into court funds, where it will be held in an interest yielding account until Shauna is eighteen.

201601.02
0

Mother Files Claim for a Child being Scalded on an Aer Lingus Flight

A woman from New York has filed a claim for a child being scalded on an Aer Lingus flight after her son was burned by hot liquid being spilled on him.

The claim for a child being scalded on an Aer Lingus flight does not contain much in the way of detail about how the accident happened, only that the unnamed boy flying from Dublin to JFK International Airport in New York was “injured as a result of scalding hot liquid” on June 30th, 2014.

The boy´s mother alleges that her son´s injuries occurred as a result of negligence by a member of the flight crew – a claim that Aer Lingus denies – and that, as a result of the accident, the boy “was deprived of his enjoyment of life, pursuits and interests and in the future will be deprived on the same”.

Under the Montreal Convention, Aer Lingus is liable to pay compensation for any avoidable injuries that occur during a flight irrespective of how the injury occurred. Negotiations to resolve the claim for a child being scalded on an Aer Lingus flight are scheduled to take place at the end of the month. It is understood that the airline has requested a copy of the boy´s medical records to assess the level of compensation he may be entitled to.

Mediation Continuing in Second Aer Lingus Scalding Injury Claim

The claim for a child being scalded on an Aer Lingus flight is the second claim of this nature that the airline has received recently in the US. Last August, a similar claim was filed in Jacksonville, Florida, on behalf of a ten-year-old girl allegedly scalded by hot tea during a flight from Dublin to Orlando.

The parents of the injured ten-year-old are claiming $75,000 compensation for the burns sustained by their daughter, when hot tea spilled onto her from a cup on which the lid had not been properly attached. The girl – who prior to her accident was a “successful amateur competitive surfer” – suffered burns to her lower torso and thighs and may need plastic surgery in the future.

Although Aer Lingus is again liable for compensation under the Montreal Convention, the airline is disputing the amount of compensation being claimed. Mediation is continuing in this Aer Lingus scalding injury claim in the hope that a suitable compromise can be agreed without the need for court action.

Aer Lingus Flight Injury Compensation Awarded in Ireland

The claims against Aer Lingus in the US for a child being scalded on a flight are not the first that the airline has had to contend with. In June 2011, five-year-old Sophie Gorman from Knocklyon in Dublin was scalded on an Aer Lingus flight from London when a stewardess attempted to place a cup of tea on the table in front of Sophie´s mother, and spilled some of the hot tea on Sophie´s leg.

On her daughter´s behalf, Sophie´s mother made a claim for a child being scalded on an Aer Lingus flight due to the ongoing treatment Sophie had to receive after returning to Dublin and the small pigment irregularity Sophie now has on her leg. In July 2012, a €7,000 offer of settlement from Aer Lingus was approved in the Dublin Circuit Civil Court by Mr Justice Matthew Deery.

201511.04
0

Judge Approves Settlement of Compensation for a Broken Wrist on Holiday

A Circuit Court judge has approved a settlement of compensation for a broken wrist on holiday in favour of a young girl who was hurt in an accident in Spain.

In June 2014, the Budhe family from Clondalkin in Dublin were enjoying a holiday on the Costa del Sol in Spain. While the family were sitting beside the pool, six-year-old Sophia went to get a drink from the poolside drinks dispenser.

As she had seen other children use a chair to reach the drinks dispenser, Sophia also climbed onto the chair. However, the chair was wet from previous use, and Sophia slipped and fell – landing on her outstretched left wrist.

Sophia´s wrist began to swell the following day, and she was taken to the Accident and Emergency department of a local hospital in Benalmadena, where an X-ray was taken and a soft cast was applied to her wrist.

On the family´s return to Dublin, Sophia attended the Tallaght Hospital where a further X-ray was taken. The soft cast was subsequently replaced with an above-the-elbow plaster back slab, which Sophia was required to wear for several weeks.

Through her father Amar, Sophia claimed compensation for a broken wrist on holiday against the travel agent through which the holiday was booked – Linevana Ltd, of Lower Liffey St, Dublin – and also the tour operator – TUI UK & Ireland.

In the claim it was alleged that both Linevana and TUI UK & Ireland were negligent for not supplying a suitable and safe means for children to reach the drinks dispenser. Both defendants admitted their liability for Sophia´s injuries and a €14,000 settlement of compensation for a broken wrist on holiday was agreed.

Because the claim for compensation for a broken wrist on holiday had been made on behalf of a child, the settlement had to be approved by a judge to ensure it was in Sophia´s best interests. Consequently, at the Circuit Civil Court in Dublin, Mr Justice Raymond Groarke was told the circumstances of Sophia´s accident and the settlement that had been agreed.

Judge Groarke approved the settlement after hearing that Sophia had made a full recovery. The funds will now be paid into court, where they will be managed in an interest-yielding account until Sophia becomes a legal adult at age eighteen.

201305.20
0

Family Unable to Claim for a Death in an Airplane Accident

The family of a man who died in an air crash in New Zealand have been told that the country´s law does not allow them to make a compensation claim for a death in an airplane accident.

Patrick Byrne (26) from County Wexford was killed when the Fletcher FU24 airplane he was travelling in crashed shortly after take-off on September 4th 2010. Patrick was killed along with three other tourists, the plane´s pilot and four sky-dive instructors in the accident at the Fox Glacier Airstrip in Westland.

The cause of the crash was never identified after two independent investigations resulted in contradictory theories due to much of the plane being destroyed by the fire which started as the plane crashed.

The coroner at the inquest into the nine deaths concluded that the cause of the accident may never be known, but suggested that it could have been caused by the plane being unbalanced due to unrestrained passengers moving about in the back of the airplane.

Families of the victims have written to New Zealand´s Prime Minister – John Key – asking that stronger safety enforcement is introduced as, at the minute, there is no legislation in New Zealand that airplane passengers should wear seatbelts during take-off.

The families have also called on the Prime Minister to address the country´s laws which do not allow them to make a compensation claim for a death in an airplane accident. New Zealand law does not allow companies to be taken to court for negligence and compensation is decided by the New Zealand Accident Compensation Corporation (ACC) – a department of the Government responsible for compensating personal injuries to residents and visitors to New Zealand.

The compensation for a death in an airplane accident awarded to the families of the victims by the ACC amounted to approximately €3,200 – not even enough to repatriate the bodies of the airplane disaster victims home to their loved ones.

201301.16
0

Claim for Holiday Swimming Pool Injury Settled Out of Court

A young man, who suffered serious injuries when diving into the shallow end of a swimming pool while on a family vacation in Spain, has settled his claim for holiday swimming pool injury compensation out of court.

Robert O’Byrne (25) from Dublin was left quadriplegic and confined to a wheelchair following his accident in the Spanish resort of Torremolinos in 2005. Robert, who was aged just seventeen years at the time, dived into the shallow end of a hotel pool at night after having consumed alcohol during the day.

In June 2008, Robert initiated a claim for holiday swimming pool injury against Michael Stein Travel Ltd of Dublin – the travel agent through who the holiday had been booked – alleging negligence, breach of duty and breach of contract.

Michael Stein Travel contested the claim, and sought leave to issue a third party notice against Robert´s parents – alleging that they were in breach of their duty of care by allowing their son to drink alcohol contrary to the laws of Ireland and Spain, and by failing to supervise Robert´s actions which led to him diving into the shallow end of the swimming pool and sustaining his terrible injuries.

Robert´s parents argued that, at the age of seventeen, their son was old enough not to be under the continuous supervision of his parents and it was unreasonable to expect otherwise. They also produced evidence to show that alcohol was “sold indiscriminately” to young people by the bars within the hotel complex.

In December 2012, the Supreme Court dismissed Michael Stein Travel´s application to have Robert´s parents added to the case as defendants, and the claim for holiday swimming pool injury compensation was scheduled to be heard in the High Court.

However, when the case was called to be heard before Mr Justice Sean Ryan, the judge was told that the claim had been settled “on specific terms”. Details of the out of court settlement of compensation for a holiday swimming pool injury are to remain confidential.

201210.05
0

Ryanair Injury Compensation Claim Settled Before Hearing

A woman, who suffered cuts and bruises after falling down the steps of a Ryanair airplane, has settled her Ryanair injury compensation claim shortly before a hearing into her case was about to commence.

Malgorzata Jeneralczyk (57), from Poznan, Poland, slipped on the mobile steps due to wet weather as she was disembarking from her flight at Dublin airport and fell to the tarmac below.

She was attended by an airport paramedic who recorded her injuries as a laceration to her left eyebrow and bruising to her left shoulder and ribs and her right hand and fingers.

After seeking legal advice, Malgorzata made a claim for injury compensation against Ryanair – claiming that the company had failed in its duty of care to provide passengers with safe transit. Ryanair disputed her claim for 38,000 Euros and were prepared to defend the company´s position in a court hearing.

However, shortly before the hearing was scheduled to begin, the Circuit Civil Court in Dublin heard that Malgorzata had settled her Ryanair injury compensation claim for an undisclosed amount and that costs were to be charged to Ryanair

201112.09
0

Compensation for Holiday Child Accident Claim Approved in Court

A boy, who received permanent facial injuries when walking through an unmarked plate glass door while on holiday in Spain, has had the compensation award for his child accident claim approved in the Civil Circuit Court.

Hayden Carr (8) from Dublin was just six years of age when the accident happened while on holiday with his family at the Spanish resort of Salou. Going out onto the apartment balcony, Hayden failed to notice that the glass balcony door had been closed and walked straight into it, smashing the glass and receiving a terrible gash to his forehead.

The injury left a scar which will be Hayden for the rest of his life and, on their return to Dublin, Hayden´s parent sought legal advice about making a child accident claim for compensation against Budget Travel Ltd of Dublin – the agents through which the Carr´s had booked their holiday.

Showing evidence that the plate glass door had been unmarked in contravention of European law, the travel company´s insurers admitted liability for the injury and, as Circuit Court President Mr Justice Matthew Deery heard at the Dublin Circuit Civil Court, agreed a compensation payment of 17,500 Euros.

Mr Justice Matthew Deery approved the settlement, which will now be held in court funds until Hayden reaches the age of eighteen.