Injury Compensation News
You are entitled to claim compensation for injuries in public places when a local authority, shop, place of public access or other public establishment has failed in its duty of care to provide you with a safe environment. Frequent claims for injuries in public places follow trips in the street, falls in supermarkets and slips in restaurants, where there has been negligence of behalf of a responsible party who has failed to reduce the risk of injury. A compensation claim for injuries in public places needs to be substantiated by your medical records and witness accounts of how your accident occurred and should also be reported to the appropriate authority. To find out more about compensation claims for injuries in public places, speak with a personal injury solicitor as soon as possible.
Friday, 6 March, 2015
A judge has refused the approval of a personal injury claim made on behalf of a child, saying that she should get more compensation for shop accident injuries.
Shauna Kelly from Ballyfermot in Dublin was fourteen years of age when she was browsing through the electronic books section of Eason´s in Lower O´Connell Street in July 2012. As she studied the book titles on the shelf, an electronic display frame fell from its mountings above her and hit Shauna on the head and on her right wrist.
At the Crumlin Children´s Hospital in Dublin, x-rays revealed that no bones in Shauna´s head or arm had been fractured. Shauna was treated for soft tissue injuries to her neck and lower back, and diagnosed with concussion. A splint was placed around her wrist to give it support while further soft tissue injuries healed.
On Shauna´s behalf, a claim for compensation for shop accident injuries was made by her mother against Eason´s and David James Retail Solutions Ltd of Edenderry in County Offaly – the company that had installed the electronic display frame.
During negotiations between the parties to agree on how much compensation for shop accident injuries Shauna´s claim should be settled for, an offer of €13,500 was made to Shauna´s mother – Kathy Maher. As Shauna is still a legal minor, the offer of settlement had to be approved by a judge before it could be accepted.
Therefore, at the Circuit Civil Court, Mr Justice Raymond Groarke was told about the circumstances of the accident and that Shauna suffered from severe headaches for six months. He was also told that Shauna still suffers from stiffness in her back more than two and a half years after her accident.
The barrister representing Shauna told Judge Groarke that an offer of €13,500 compensation for shop accident injuries had been made, but that he did not believe that €13,500 was sufficient to compensate Shauna for her injuries and recommended that the offer should not be approved.
Judge Groarke agreed with Shauna´s barrister and declined to approve the offer of settlement. He said it would be more appropriate to award compensation for shop accident injuries after a full hearing of the case, and adjourned the hearing for date to be scheduled for the Circuit Civil Court later this year.
Posted in Children's Injury Claims, Injuries in Public Places, Shopping Center Accident Claims - Comments Off
Monday, 2 February, 2015
A High Court judge has approved a €1 million settlement of compensation for a trip and fall injury in favour of a man who suffered a brain injury when he fell.
James O´Sullivan (32) was walking through the Muddy Hill Car Park in Mallow, County Cork, late in the evening of December 10, 2007, when he tripped over a base unit which was supporting a Heras fence at the boundary of the car park and fell onto wasteland below.
The fall – estimated to be between twelve and twenty feet – knocked James unconscious and he was taken to Mallow General Hospital before being transferred to Cork University Hospital to receive treatment for a serious head injury.
On his discharge from hospital, James sought legal advice, and made a claim for compensation for a trip and fall injury against Mallow Town Council, Denis Murphy, Kilpatrick Civil Engineering Ltd, and Groundworks on the basis that the unlit car park was dangerous and had exposed him to the risk of loss, injury and damage.
In his action for compensation, James – who lives and works in Mallow – alleged he suffers from forgetfulness since his accident, post-traumatic epilepsy and post-traumatic stress disorder. He also claims to have suffered a profound neurological impairment as a result of the accident.
The four defendants against whom James claimed compensation for a trip and fall injury each denied their liability. They also contested the extent of James´ injuries. Consequently, the Injuries Board could not adjudicate on his application for assessment and the case proceeded to the High Court.
At the High Court, Mr Justice Kevin Cross heard that a €1 million offer of compensation for a trip and fall injury had been made without admission of liability. After being told that James was willing to accept the offer, the judge approved the settlement – stating that it was a good one in the circumstances as if the case had proceeded, and the defendants´ contention was accepted, there was a risk that James might not receive such a large settlement of compensation for a trip and fall injury.
Posted in Falling Accident Claims, Injuries in Public Places, Psychological Injury Claims, Slips Trips and Falls - Comments Off
Wednesday, 20 August, 2014
A man from County Wicklow, who suffered a severe brain injury when being run over by a Dublin City refuse truck, has been awarded almost €5 million injury compensation for a bin lorry accident.
Padraig Hearns (39) from Hollywood in County Wicklow had been enjoying a night out in Dublin´s Temple Bar area in April 2007, when he was assaulted in Sycamore Street. Dazed and confused, Padraig was lying on the street when he was run over by a bin lorry operated by Dublin City Council.
As a result of the bin lorry accident, Padraig – a former Mr. Ireland who had been working as an air steward for British Airways – suffered a fractured skull and severe injuries to his arm and eye. He remained in hospital recovering from his injuries for several months – the first week spent in an induced coma.
Due to the brain injury sustained in the accident, Padraig now lives at home – being cared for by his parents and siblings. He will never be able to live independently again nor be able to work in any meaningful employment.
On Padraig´s behalf, his parents made a claim for injury compensation for the bin lorry accident against Dublin City Council. The Council denied their liability for Padraig´s injuries on the grounds that it was not the operators of the bin lorry that were to blame for Padraig lying on the floor in front of the refuse truck.
However, at the High Court, Mr Justice Michael Peart found in Padraig´s favour. The judge noted that Dublin City Council had ignored its own by-laws not to collect commercial waste in the Temple Bar area between 12:00pm and 6:00pm – implemented three months before the accident.
Judge Peart said “It makes complete sense from a public safety point of view that these large refuse trucks would not be permitted to try and negotiate their way through an area such as the narrow and crowded streets of Temple Bar when so many people are present”.
He added that the local authority had a duty of care to have a man outside of the refuse truck when it moved off to ensure that it was safe to do so. In the judge´s opinion, Dublin City Council had breached that duty of care by failing to notice Padraig lying in the street beneath the wheels of the lorry.
Mr Justice Michael Peart awarded Padraig €4,885,888 injury compensation for the bin lorry accident, which included €350,000 for pain and suffering, €266,341 for loss of earnings, €155,230 for care costs to date and €3,485,000 for future care costs. The judge added that he would be awarding legal costs in favour of Padraig as well. The proceedings were adjourned for mention until October 8th.
Posted in Brain Injury Compensation, Compensation for Long Term Injuries, Injuries in Public Places - Comments Off
Tuesday, 13 May, 2014
A nine-year-old schoolgirl, who was left with a permanent scar after she slipped and banged her head against a supermarket freezer, has been awarded €18,000 compensation for a slip and fall in Tesco.
Angela Prendergast was only six years of age when – in September 2010 – she was shopping with her mother at the Tesco Express Supermarket in Kilcoole, County Wicklow. As Angela and her mother were walking along the frozen food section, Angela slipped on a wet floor surface and banged her head against a steel freezer as she fell.
Although she was given First Aid by a member of Tesco´s staff, Angela´s mother – Ann Prendergast from Kilcoole in County Wicklow – took her to the local hospital, where the wound was cleaned and stitched with glue. Angela still has a two centimetre scar on the right side of her forehead to act as a permanent reminder of the accident.
On her daughter´s behalf, Ann Prendergast made a claim for injury compensation for a slip and fall in Tesco against Tesco Ireland Ltd. Tesco admitted that the negligence of their staff had been a contributory factor in the floor being slippery, and a settlement of €18,000 was negotiated between solicitors representing the two parties.
As the claim for Tesco slip and fall injury compensation had been made on behalf of a child, the settlement of compensation had to be approved before a judge before Angela´s case could be closed; and therefore the circumstances of Angela´s accident were related to Mr Justice Matthew Deery at the Circuit Civil Court in Dublin.
After hearing how Angela had banged her head, and seeing the scar that the little girl had been left with, Judge Deery approved the settlement of compensation for a slip and fall in Tesco, which will now be paid into court funds until Angela reaches the age of eighteen.
Posted in Children's Injury Claims, Falling Accident Claims, Injuries in Public Places, Personal Injury Claims, Shopping Center Accident Claims, Slips Trips and Falls - Comments Off
Wednesday, 12 March, 2014
An eighty year old man, who suffered brain damage when falling down the stairs of the Stags Head in Dublin, has settled his injury claim for a fall down the stairs of a pub for €250,000.
Frank McHugh from Rathgar in Dublin had been enjoying an Easter meal with his family at the Stags Head pub in Dublin when, on April 24th 2011, he left the group to visit the bathroom.
As he descended the stairs to the toilets, Frank tumbled and fell – suffering a fractured skull and brain damage which left him in a coma. Due to the injuries sustained in the fall down the stairs of the pub, Frank has no recollection of the accident and will require permanent care for the rest of his life.
Through his son – Peter McHugh – Frank made an injury claim for a fall down stairs of a pub against Shelbourne O´Brien Ltd – owners of the Stags Head – alleging that there was a failure to provide a safe means of access to the toilets and that no warning signs of the alleged dangers were present in the stairwell.
Shelbourne O´Brien Ltd denied the claim made against the company – arguing that Frank had failed to descend the stairs in a safe manner and had fallen as a result of his own negligence. The company included in its defence CCTV footage of Frank taking the first step of the stairs and then tumbling forward.
At the High Court in Dublin Ms Justice Mary Irvine heard that, although Shelbourne O´Brien Ltd contested the injury claim for a fall down stairs in a pub, the company had made an offer of settlement amounting to €250,000. The judge was told that the value of the settlement was a fraction of what a full compensation award might amount to, but the family had been advised to accept it.
Ms Justice Mary Irvine agreed that €250,000 would not go far in care costs, but approved the settlement on the grounds that it was unlikely Frank´s injury claim for a fall down the stairs of a pub would be successful if it went to a full trial due to a lack of evidence.
Posted in Brain Injury Compensation, Falling Accident Claims, Injuries in Public Places, Slips Trips and Falls - Comments Off
Monday, 10 February, 2014
A hotel chef has settled his compensation claim for an injury on a team building exercise after the hearing into his claim had already commenced.
In October 2006, Cathal Kavanagh (54) from Ongar in Dublin attended a team-building day organised by his employer – The Carton House Spa and Golf Hotel in Maynooth, County Kildare, where he worked as the executive head chef -at the Riverbank Arts Centre in Newbridge.
During the day Cathal and his colleagues from the four star luxury hotel participated in a series of events and games – one of which was a relay race in which Cathal was required to hop forwards and then run backwards. During the race, Cathal slipped, his foot went from underneath him and he broke his wrist in the subsequent fall.
After seeking legal advice from a solicitor, Cathal made a compensation claim for an injury on a team building exercise against his employer, the organisers of the day out – JikiJela Ltd of Tubbercurry in County Sligo – and Kildare County Council, the owners of the Riverbank Arts Centre.
Cathal alleged in his action that all three parties had been negligent by failing to ensure that the activities were safe and by failing to ensure that no danger would be present. The three defendants denied their liability for Cathal´s wrist injury and the Injuries Board issued an Authorisation for the claim to be heard at the Circuit Civil Court.
However, following the lunch break on the first day of the hearing, Mrs Justice Mary Irvine was informed that Cathal´s compensation claim for an injury on a team-building exercise had been settled and that the claim could be struck out.
Posted in Injuries in Public Places, Slips Trips and Falls, Workplace Injury Claims - Comments Off
Thursday, 5 December, 2013
A man, whose nose was broken as an electric door closed on him, has been awarded €19,000 compensation for an injury at Dublin Airport after a hearing at the Circuit Civil Court.
Thomas Smyth (63) and his wife Evelyn had travelled down to Dublin Airport from County Cavan in January 2011, to fly to a holiday destination in the Canary Islands. The couple were on their way to board their flight when an automatically-timed electric door suddenly closed on Thomas – breaking his nose.
Thomas was taken to the Beaumont Hospital in Dublin where the fracture was confirmed, and the couple had to delay their holiday plans for two days while Joseph received treatment and their flights could be re-arranged. Eventually the couple arrived in Tenerife, but their holiday had been ruined by the incident at the airport.
On his return to Ireland, Thomas sought legal advice, and made a claim for compensation for an injury at Dublin Airport against both Aer Lingus – the company with whom the couple were originally flying to Tenerife – and the Dublin Airport Authority. Both parties agreed that an injury due to negligence had occurred, but neither wanted to admit liability.
At the Circuit Civil Court in Dublin, Judge Jacqueline Linnane was told that a settlement of €19,000 compensation for an injury at Dublin Airport had been agreed to be appropriate; but the question of who was to be considered liable for Thomas´ injury had still to be determined.
After hearing evidence that the door which had automatically closed on Thomas was working properly, and was timed to close after 30 minutes once it had been opened by an Aer Lingus flight attendant, Judge Linnane found the flight company responsible for Thomas´ broken nose. She stated that if Aer Lingus needed longer than thirty minutes to get the passengers on their plane, they should have asked Dublin Airport Authority to extend the time available to them.
Posted in Injuries in Public Places - Comments Off
Thursday, 25 April, 2013
A man who was injured while working as a security guard in a popular Dublin bar has given evidence at the Circuit Civil Court in support of his claim for an injury in a nightclub.
Longin Gasiorowski (31) was working on the door of the city´s Traffic nightclub in Middle Abbey Street on 16th July 2007, when a superior gave Longin permission to admit a man who had previously been known to cause trouble in the club.
Later during the evening, while patrolling the inside of the club, Longin saw the man arguing with another patron and attempted to summon colleagues to assist him but found that his radio was not working properly. Longin tried to restrain the man by himself but, while doing so, was hit on the head by another man wielding a broken glass bottle.
Longin was immediately taken by taxi to the Emergency Department of St James´ Hospital, where he was treated for multiple lacerations – one of them 3cm in length which left a visible scar behind his ear. Longin was detained in hospital overnight and discharged the following morning with his wounds sutured and his head heavily bandaged.
After seeking legal advice, Longin made a claim for an injury in a nightclub against the owner of the Traffic nightclub – Cyril O´Brien – and his employers, P&B Security Services Limited of Kilwarden, County Kildare; alleging that the two defendants had allowed the nightclub to open without sufficient security staff.
The two defendants denied their liability for Longin´s injuries but, after Longin had given evidence before Mr Matthew Deery at the Circuit Civil Court, the judge was told that the two sides had agreed a preliminary undisclosed settlement of Longin´s claim for an injury in a nightclub and he adjourned the case to allow the parties to implement the settlement.
Posted in Injuries in Public Places, Workplace Injury Claims - Comments Off
Thursday, 3 January, 2013
Dublin South County Council has been found 100 percent responsible in a road crossing accident claim after a hearing at the High Court in Dublin.
The claim was brought by Linda Dargen Burgess from Tallaght, Dublin, on behalf of her son Brandon who – at the age of thirteen – was hit by a motorist at the junction of the Tallaght Bypass and Killinarden Way while trying to cross the road at a temporary crossing erected by the council.
Brandon suffered a serious head injury in the accident and fractures to his arms and legs, and missed a significant period of his education while he recovered from his injuries. As a consequence of his accident, Brandon has now left school without completing his Leaving Certificate.
Brandon´s mother made a claim for road crossing accident compensation against both the driver of the car – James Mulholland from Dundrum, Dublin – and Dublin South County Council, claiming that the way in which the temporary crossing had been set up made it extremely difficult for pedestrians to access the signal box.
It was further alleged that the placement of a Dublin South County Council vehicle at the crossing had obscured the lights on the central island and it was impossible to see whether the signal crossing man was at green or red. Both James Mulholland and Dublin South County Council disputed liability.
In the High Court, Ms Justice Mary Irvine dismissed the road crossing accident claim against Mr Mulholland, after hearing that he had been driving within the speed limit with a green light ahead of him. Ms Justice Mary Irvine agreed with the defendant that even if he was keeping a proper lookout, he did not have a realistic chance of seeing Brandon before he stepped out in front of the car.
She also dismissed claims of contributory negligence made against Brandon by the council, who had alleged that Brandon had failed to take adequate care for his own safety before stepping out into the road. The judge said that in the circumstances she was satisfied that the positioning of the signal box and blocking of the lights on the central island amounted to negligence by the council and found them 100 percent liable for Brandon´s injuries.
Awarding compensation for a road crossing accident of €826,818, Ms Justice Mary Irvine said that, but for the accident, Brandon would have completed his studies at school and will now have a completely different type of future as a result of his injuries.
Posted in Brain Injury Compensation, Car Accidents, Children's Injury Claims, Compensation for Long Term Injuries, Contributory Negligence, Injuries in Public Places, Pedestrian Accident Claims - Comments Off
Thursday, 13 December, 2012
A woman who caught the heel of her shoe in a hole on a travelator in a Dublin shopping centre has been awarded €13.150 in compensation for a fall on a moving walkway after a hearing at the Circuit Civil Court.
Nuala Holloway Casey (60) from Blackrock in Dublin brought her action against Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited, travelator and escalator fitters, of Ballymount, County Dublin, after suffering an ankle injury at the Superquinn Shopping Centre in December 2007.
Judge Barry Hickson in the Circuit Civil Court heard that on December 21st 2007, Nuala had caught the high heel of her shoe in a hole at the entrance to a descending moving walkway and fallen heavily – damaging her left ankle. Nuala told the court that she still suffered pain in the ankle and had been forced to give up playing tennis because of the injury.
The court also heard that liability for the injury had been admitted by the joint defendants but how much compensation for a fall on a moving walkway Nuala should receive was in dispute as Nuala had failed to visit her doctor for 10 days after the accident and exacerbated her injury by a separate fall in 2009.
After reviewing the medical evidence in support of Nuala´s claim, Judge Hickson awarded the former Miss Ireland €12,000 compensation for the fall on the moving walkway plus an additional €1,250 to account for the expenses she had incurred which were directly attributable to her accident.
Posted in Injuries in Public Places, Shopping Center Accident Claims, Slips Trips and Falls - Comments Off