In order to make ladder fall injury claims for compensation, it has to be established that you sustained an injury due to the negligence of somebody who owed you a duty of care. Most claims for ladder fall injury compensation are made against employers who have failed to adhere to health and safety regulations, however a shop supply a faulty ladder could also be liable for ladder fall injury claims if the faulty ladder was responsible for a fall and injury. To ensure that you receive your full entitlement to compensation when you have been injured in a ladder fall accident for which you were not wholly at fault, speak with a personal injury solicitor as soon as you have received treatment for your injuries.
Thursday, 30 January, 2014
A woman who suffered a dislocated wrist in a workplace accident has been awarded €25,000 compensation after her claim for a fall from a ladder at work was resolved at the Circuit Civil Court.
In February 2007, Nicola Starmer from Ballynakill Downs in Waterford was working at the Argos store in Great George´s Street, Waterford, when she went into the store´s stockroom to collect goods to deliver to a customer.
As the goods were stacked high on a shelf, Nicola (42) used a ladder in order to reach them. As she was descending the ladder with the goods under her arm, she fell backwards and landed on her right forearm.
Nicola was initially unaware that she had suffered an injury, but during the day a pain in her forearm developed and she attended the Accident & Emergency department of her local hospital where x-rays revealed a dislocated wrist.
Doctors stabilised the wrist injury by inserting pins and Nicola was discharged from hospital with an above-the-elbow plaster cast. Unfortunately Nicola´s injury prevented her from continuing in her temporary position as a front-of-house assistant.
Nicola sought legal advice and, after speaking with a solicitor, made a compensation claim for a fall from a ladder at work. The store denied its liability for Nicola´s injuries and the case went before Mr Justice Raymond Groarke at the Circuit Civil Court.
At the hearing Judge Groake was told by Argos´ legal representatives that Nicola had been trained on how to use a ladder and that the company should not be held responsible for her injuries.
However, Nicola´s solicitor told the judge that the ladder safety training had been conducted by Nicola being shown a DVD – rather than Nicola being given a practical demonstration – and that she had never been trained on safety procedures in the stockroom.
After hearing that Nicola attempted to collect the goods only because the store was short-staffed, the judge found in her favour and awarded her €25,000 in settlement of her claim for a fall from a ladder at work.
Posted in Falling Accident Claims, Ladder Fall Injury Claims, Workplace Injury Claims - Comments Off
Wednesday, 19 May, 2010
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.
Posted in Falling Accident Claims, Fireman Injury Claim, Ladder Fall Injury Claims, Personal Injury Claims, Workplace Injury Claims - No Comments »