201707.10
0

Claiming Compensation for a Botched Lip Implant

Seek professional legal advice before claiming compensation for a botched lip implant to make sure you are eligible to claim for injury compensation.

Claims for compensation for a botched lip implant are dealt with in the same way as a medical negligence claim – or, if the botched lip implant is attributable to a faulty product, a product liability claim. As neither of these categories of claim comes under the Injuries Board´s remit, you will have to use a solicitor to claim compensation for a botched lip implant.

However, before you start the claims process, it is important to understand that not every injury sustained in a botched lip implant procedure is eligible for compensation. If, for example, you developed an infection after being informed that there was a risk of infection, you more than likely waived your right to compensation when you signed the consent form.

In order for claims for compensation for a botched lip implant to be successful, it has to be shown that the injury you sustained was not a known risk of the procedure (that you likely acknowledged on the consent form) and was due to a lack of skill by your cosmetic surgeon. In order to prove negligence, your solicitor will likely engage the services of a medical expert.

If negligence is proven – and liability for your injury admitted by either the negligent surgeon or the manufacturer of a faulty lip implant – how much compensation for a botched lip implant you are entitled to can vary considerably depending on the nature of the injury, its long-term consequences for your quality of life and whether or not the injury can be revised.

While negotiations are ongoing to agree a settlement of your claim, it is advisable to be wary of any approaches from the surgeon´s or manufacturer´s insurance company with an offer of settlement, as these rarely reflect the true value of your claim. To find out more about claiming compensation for a botched lip implant, speak with a solicitor at the first practical opportunity.

201705.25
0

Settlement of Creche Abuse Claim Approved after Second Court Hearing

The settlement of a creche abuse claim has been approved by a judge at the Circuit Civil Court after the approval of a previous proposal had been denied.

At the Circuit Civil Court last week, Mr Justice Raymond Groarke heard that the plaintiff on whose behalf the creche abuse claim was made was just two years of age when she started attending the Giraffe Childcare and Early Learning Centre in Stepaside, County Dublin.

In September 2012, the young girl was transferred to the creche´s “Toddler´s Room”; after which, it was alleged, she started showing signs of anxiety. According to her parent´s testimony, the girl would cry “No creche. No creche” as she was being got ready each morning, and was often withdrawn and tired when she was collected each evening.

The girl´s parents discussed their concerns about the signs of anxiety and disturbed sleep patterns with her carer, but were told she was receiving an appropriate level of supervision. However, after watching the RTE documentary “A Breach of Trust” – in which their daughter´s carer was depicted being abusive to children in the same age group, the parents removed the girl from the creche and sought legal advice.

A creche abuse claim was subsequently made against the Giraffe Childcare and Early Learning Centre on the grounds that the girl had suffered emotional injuries. Liability was initially denied, but an offer of settlement was made amounting to €15,000 without an admission of liability. As the creche abuse claim had been made on behalf of a child, it first had to be approved by a judge to ensure it was in the girl´s best interest.

In July 2015, the circumstances behind the creche abuse claim were related to Judge James O´Donohue at the Circuit Civil Court. Judge O´Donohue ruled that the proposed settlement of the crèche abuse claim was insufficient for the level of injury it was claimed the girl had suffered and he refused to approve the settlement.

Following a period of negotiation, a further offer of settlement was made to the girl´s parents. On this occasion, the approval hearing was heard by Mr Justice Raymond Groarke. The circumstances of the girl´s alleged emotional injuries were once again related to the court and, after Judge Groarke was assured that the girl had suffered no lasting psychological injury – he approved the settlement.

201705.20
0

Compensation for Car Accident Injuries Awarded in Court

A total of €37,500 compensation for car accident injuries has been awarded to two plaintiffs injured in the same accident by the Circuit Civil Court.

In November 2013, the two plaintiffs were travelling along the M1 in a recently-purchased Toyota, when the sun roof of their car blew off. Alarmed at the sudden noise – described as being “like a bomb going off in the car” – the driver of the Toyota braked sharply, causing all five adult occupants of the car to suffer whiplash-type injuries due to the sudden deceleration.

The driver of the car and her 72-year-old mother claimed compensation for car accident injuries against the company from which it had been purchased – Denis Mahony Limited of Kilbarrack Road in Dublin. They alleged in their legal action that their injuries were directly attributable to a fault with the sun roof that should have been identified in a pre-sale inspection.

The car dealership denied the sun roof was faulty and contested the claims for compensation for car accident injuries. However, at the Circuit Civil Court, Mr Justice Raymond Groarke heard from an independent car assessor, who found extensive corrosion of the remaining frame of the sun roof and testified the corrosion had made the car unsafe to drive and should have been identified before it was sold to the driver.

Judge Groarke also heard that the five adult occupants and two children in the car had been travelling to Newry for a pre-Christmas shopping expedition at the time of the accident. The driver had subsequently pulled in to an AppleGreen filling station and stuck a plastic sack over the hole in the roof, but the shopping trip had to be abandoned.

The judge said he accepted the sun roof flying off would have been a terrifying experience assuming that the car was travelling at 80-90kmph, and added he understood why the driver had applied the brakes so sharply. He found in favour of the plaintiffs and awarded the driver of the car €12,500 and her mother €25,000 compensation for car accident injuries.

201705.09
0

Unprotected Chemical Exposure Claims against the Defence Forces

New unprotected chemical exposure claims against the Defence Forces, made by a former Baldonnel-based air corps mechanic, have been published in the Journal.

Working conditions at the Casement Airbase in Baldonnel, County Dublin, have been the subject of investigation since unprotected chemical exposure claims against the Defence Forces were made in 2015 and 2016 by former air corps personnel, and as a result of a HSA inspection in October last year.

The current investigation is looking into claims that servicemen were exposed to high levels of dichloromethane for up to twelve years despite the Defence Forces being aware of the health risks. The new unprotected chemical exposure claims against the Defence Forces are potentially more serious.

According to the Journal, a “whistle-blower” has alleged air corps servicemen were not protected against exposure to carcinogenic and mutagenic chemicals at Baldonnel, and as a result at least twenty former servicemen have died due to neurological and cancer-related illnesses.

The former air corps mechanic also believes that the partners of personnel based at the aerodrome have suffered fertility issues, and that their children have been born with birth defects or development issues. Five children have allegedly died due to their parents´ exposure to toxic chemicals and, the “whistle-blower” claims, many more are living with life-changing illnesses.

The Journal reports the representative association for air corps personnel – PDFORRA – has been attempting to get attitudes towards health and safety changed for many years. The association´s general secretary Gerry Rooney told the Journal: “There’s a tendency in military organisations to focus on carrying out the operation at all costs. It´s fairly clear there was a problem with chemicals and their use.”

Attempts to get comments from the Defence Forces and Department of Defence about the new unprotected chemical exposure claims against the Defence Forces were unsuccessful, but Dublin South Central TD Aengus Ó Snodaigh was heavily critical of junior Justice Minister Paul Kehoe. He told the Journal that previous chemical exposure claims had fallen on deaf ears, despite Minister Kehoe stating the health and wellbeing of members of the Defence Forces are a priority for him.

201704.26
0

Claims for Birth Defects due to taking Epilim

Claims for birth defects due to taking Epilim while pregnant have been made in France on behalf of up to 4,100 children with foetal valproate syndrome.

Epilim is the trade name of an anti-epilepsy drug that uses the active ingredient sodium valproate to control electrical activity in the brain. Introduced in France in 1967, Epilim was passed for use in Ireland in 1983, and is now also often prescribed to treat bipolar disorder, migraine and chronic pain.

At the time it was introduced into Ireland, claims for birth defects due to taking Epilim while pregnant were being investigated in France. It was alleged that the sodium valproate entered the bloodstream as valproic acid, which caused foetal congenital and development issues.

The evidence of birth defects due to taking Epilim was considered inconclusive, and the drug continued to be prescribed to pregnant mothers. It was only in 2006 that the manufacturers of the drug – Sanofi – warned that sodium valproate may have adverse effects and advised the medical profession to advise pregnant mothers of the potential risks.

Research conducted several years later by France´s social affairs inspectorate – IGAS – found the majority of doctors and pharmacists were unaware of the risks associated with Epilim. The research prompted the inspectorate to conduct a small scale study in the Rhone-Alpes region last year, where a much higher than expected rate of birth defects due to taking Epilim while pregnant was discovered.

France’s National Agency for the Safety of Medicines (ANSM) looked deeper into the issue and researched the health of 8,701 children born between 2007 and 2014 whose mothers were known to have taken Epilim during their pregnancies. ANSM identified up to 4,100 children suffering from foetal valproate syndrome and discovered hundreds of Epilim-related stillbirths.

ANSM´s study has resulted in the families of those affected by the adverse effects of sodium valproate to form a class action in order to jointly make claims for birth defects due to taking Epilim. The families claim that Sanofi did not do enough to adequately inform the medical profession of the risks associate with the drug. It also claims the drug manufacturer failed to put adequate warning on its packaging.

In Ireland, the Disability Federation has called on the government to conduct an audit of children diagnose with foetal valproate syndrome. The organisation claims the scale of the problem in Ireland should be identified in order that adequate support measures are provided for families. If a member of your family has been affected by foetal valproate syndrome, and you would like to know more about claims for birth defects due to taking Epilim while pregnant, you should speak with a solicitor.

201703.03
0

Broken Restaurant Chair Accident Claim Resolved in Court

A broken restaurant chair accident claim has been resolved at the Circuit Civil Court in favour of a woman who suffered a soft tissue back injury.

In May 2014, the thirty-four year old woman from Finglas in Dublin was dining at the China Kitchen restaurant in Beaumont when a leg of the chair she was sitting on became detached from the body of the chair, causing the chair to collapse.

The woman manged to avoid falling onto the floor, but jolted to her right side to prevent her fall and twisted her lower back as the chair gave way. A waiter came to her assistance, but rather than replace the broken chair, he tried to repair it.

Due to the tenderness and pain across her lower lumbar region, the woman attended her GP and was prescribed painkillers. She also attended physiotherapy sessions, but continued to experience intermittent pain in her back after working in her job as a cleaner or after sitting for long periods.

The woman made a broken restaurant chair accident claim against the owners of the China Kitchen restaurant – Xwfx Limited – claiming that the restaurant had been negligent in providing her with a dangerous chair that constituted a trap.

The owners failed to respond to the Injuries Board request for consent to conduct an assessment, or attend a subsequent court hearing to defend the broken restaurant chair accident claim. The woman consequently obtained a judgement in her favour in default of appearance.

When the broken restaurant chair accident claim was presented to Judge Jacqueline Linnane at the Circuit Civil Court, the judge was told that it was for the assessment of damages only. After hearing details of the woman´s accident and her subsequent injury, Judge Linnane awarded the woman €17,500 in settlement of her broken restaurant accident claim.

201612.13
0

Judge Approves Settlement of Claim against B&Q for a Finger Injury

A Circuit Civil Court judge has approved the settlement of a claim against B&Q for a finger injury, made by a Dublin man on behalf of his six-year-old son.

In November 2011, the man´s son was just sixteen months of age when he cut the base of his right hand middle finger on a fire purchased from B&Q. He was taken to the A&E Department of Crumlin Hospital where it was diagnosed that he had completely severed one tendon, and suffered damage to another as well as to an artery and a nerve.

The young boy underwent surgery under a general anaesthetic to repair the damage to his finger and was discharged from hospital wearing a cast. Despite the seriousness of the injury, the boy can now use his right hand fully without difficulty or pain, and the scars from his injury and the subsequent surgery are expected to disappear as he grows older.

Through his father, the boy made a claim against B&Q for a finger injury, and also included Focal Point Fires of London in the claim – alleging that the company was negligent in the manufacture of the wall-mounted fire. B&Q and Focal Point Fires admitted liability for the boy´s injury and made an offer of settlement amounting to €30,000.

The family were advised to accept the offer of settlement; but, as the claim against B&Q for a finger injury had been made on behalf of a child, the proposed settlement first had to be approved by a judge to ensure that it was in the boy´s best interests. The approval hearing took place earlier this week at the Circuit Civil Court before Judge James O´Donohoe.

At the hearing, Judge O´Donohoe was told the circumstances of the accident and the medical attention that the boy subsequently received. He heard that the boy had recovered full functionality of his right hand and that there was a low possibility of a permanent cosmetic injury. After inspecting the boy´s hand Judge O´Donohoe approved the settlement of the claim against B&Q for a finger injury, stating that the settlement was adequate and appropriate.

201611.15
3

Customer Awarded Compensation for a Knee Injury in Tesco

A customer, who fractured their knee when tripping and falling over a six-pack of beer, has been awarded €42,000 compensation for a knee injury in Tesco.

The customer – a thirty-two year old female nurse from Dublin – was entering her local Tesco Metro store in Terenure in January 2014, when she tripped and fell over a six-pack of beer that had been left on the floor by a customer waiting to use the self-service check-out.

The woman was taken to St James´s Hospital by ambulance and her left knee x-rayed. The x-ray revealed a fracture and the woman – who had previously undergone reconstruction surgery of the same knee – had to undergo two further surgeries and two and a half years of physiotherapy treatment.

Consent to conduct an assessment of compensation for a knee injury in Tesco was denied by the store, and the woman was issued with an authorization to pursue her claim through the courts. The hearing to determine liability took place last week at the Circuit Civil Court.

At the hearing, Mr Justice Raymond Groarke heard that Tesco´s was denying liability because the claimant had tripped over a brightly-coloured package of beer that had been placed on the floor just seconds before her accident. There was nothing that could have been done, Tesco´s argued, to prevent the accident.

However, the judge also heard that the layout of the Terenure branch of Tesco Metro meant that customers entering the store had to navigate through any customers waiting to use the self-service checkout. The judge commented that, if a better system of customer traffic control had been applied, it would have prevented this accident from occurring.

Judge Groarke found in the claimant´s favour, initially awarding her €60,000 compensation for a knee injury in Tesco, and then reducing the award by 20% to account for her contributory negligence. The judge said it had been an especially nasty fracture and it was still symptomatic almost three years after the accident.

201611.02
0

Passenger Awarded Compensation for an Accident at Tara Street Station

A passenger, who fractured his shoulder in a fall between a train and the platform, has been awarded compensation for an accident at Tara Street station.

The passenger was travelling on an Irish Rail train from Dun Laoghaire to Connolly Street in Dublin on 2nd August 2012, when he mistakenly got off of the train at Tara Street. On realising his mistake, the passenger turned quickly to re-board the train, but slipped and fell through the gap between the train and the platform.

The passenger – a fisherman from Dun Laoghaire – was able to climb back up onto the platform, get on the train and continue his journey to Connolly Street. On his arrival at his destination, he reported the accident to a member of staff. The following day, he attended St Michael´s Hospital complaining of a pain in his right shoulder, and an x-ray revealed a triple fracture.

The passenger applied to the Injuries Board for an assessment of compensation for an accident at Tara Street station. Irish Rail declined to consent to the assessment and the Injuries Board issued an authorisation for the passenger to pursue his claim through the courts. The claim for an accident at Tara Street station was heard last week at the Circuit Civil Court.

At the hearing, Mr Justice Raymond Groarke was told that, despite there being “probably more CCTV cameras at Tara Street Station than there are at Pinewood Studios,” there was no recording of the accident. He also heard Irish Rail argue they could not be liable for a passenger who injured himself because he failed to look where he was going.

Counsel for the passenger said once he had purchased his ticket, there was an obligation on Irish Rail to provide safe transit and that obligation had not been met. Drivers were supposed to warn passengers to mind the gap and, despite there having been eleven previous incidents of passengers falling between the train and the platform in the past five years, no warning was given.

Judge Groarke found in the passenger´s favour – commenting that Irish Rail had an “absolute requirement” to warn passengers to mind the gap. The judge added that, although the passenger may have been distracted by getting off of the train at the wrong station, he agreed the passenger should have taken more care for his own wellbeing. The judge awarded the passenger €50,000 compensation for an accident at Tara Street station, but reduced it by 50% to account for the passenger´s contributory negligence.

201610.28
0

Appeal against Health Club Injury Compensation Award Dismissed

An appeal against a €30,000 health club injury compensation award, made in favour of a woman injured in a swimming pool accident, has been dismissed.

In November 2011, a thirty-two year old guest of the West Wood Health Club in Dublin broke her two upper front teeth when she dived into the health club´s swimming pool and hit her face on the pool´s shallow bottom. The woman claimed health club injury compensation and, in May 2015, was awarded €30,000 by Judge Jacqueline Linnane at the Circuit Civil Court. The West Wood Health Club appealed the award, arguing that the plaintiff had contributed to her accident and injury through her own negligence.

The appeal hearing took place earlier this week before Mr Justice Seamus Noonan, who was told the plaintiff had never visited the club before and had dived into the pool straight after coming out of the sauna. As the pool was a full-length 50 metre pool, she had assumed that – like most pools of that size – the depth of the water would be 2 metres. However, the pool had a single depth of just 1.35 metres.

The judge also heard there were no signs erected to warn guests at the club not to jump or dive into the pool. According to the plaintiff´s counsel, there was no reason for the plaintiff to believe that the pool was not safe. The club´s assertion that a lifeguard was present at all times was refuted by the plaintiff´s own testimony that she had to go to the reception area of the club to report her accident and seek medical assistance as there was nobody by the poolside to help her.

Dismissing the allegations of contributory negligence, Judge Noonan also dismissed the appeal. On hearing that the plaintiff had flown to Hungary to have crowns fitted to her two broken teeth, and that she would require replacement crowns every five to ten years, the judge increase t original award of health club injury compensation to €38,097, and commented the West Wood Club should consider itself fortunate that the plaintiff´s claim was not originally heard in a court of higher jurisdiction.

201610.12
0

Claim for Being Stuck in a Shopping Centre Lift Resolved at Court

A claim for being stuck in a shopping centre lift has been resolved at a High Court hearing with an award of €25,060 psychological injuries compensation.

In August 2012, fifty-four year old Marie Dicker was shopping at the Square in Tallaght, Dublin, when she and her son took the shopping centre lift down to the ground floor. However, soon after the lift started to descend, it stopped – trapping Marie and her son inside.

Marie pressed the elevator alarm button, but was unable to communicate with anyone via the intercom. She then started banging on the lift doors and calling for help and, several minutes later, the couple were rescued by a security guard who was able to prise the doors open and release the trapped shoppers.

Despite being trapped inside the lift for less than five minutes, Marie unfortunately suffered a recurrence of childhood claustrophobia. Due to feeling unsafe in rooms with closed doors, Marie sought professional medical help and was diagnosed with depression and an anxiety disorder by a psychologist.

After starting treatment for her psychological injuries, Marie – a department store supervisor from Walkinstown in Dublin – sought legal advice. She subsequently made a compensation claim for being stuck in a shopping centre lift against Square Management Ltd and Pickering Lifts Ltd.

Both defendants acknowledged that Marie had suffered an avoidable injury due to the failure of the lift, but they disputed how much compensation Marie was claiming. They presented evidence from an independent psychologist who had examined Marie and failed to find any evidence of an anxiety disorder.

The claim for being stuck in a shopping centre lift went to the High Court in Dublin for the assessment of damages. At the hearing, Mr Justice Anthony Barr was told that Marie was undergoing cognitive behavioural therapy to deal with her claustrophobia and was responding well to the program. The treatment is expected to continue for twelve to eighteen months.

After hearing the evidence, Judge Barr commented he was satisfied that Marie had suffered a psychiatric injury as a direct result of the incident at the Square, and he awarded her €25,060 compensation in settlement of her claim for being stuck in a shopping centre lift.

201609.23
1

New Book of Quantum to Bring Consistency to Personal Injury Awards in Ireland

A revised Book of Quantum is expected to bring consistency to personal injury awards in Ireland when it is published in the next few weeks.

The Book of Quantum is a publication used to assess how much compensation a plaintiff is entitled to for a physical injury sustained in an accident for which they were not to blame. The Book lists a comprehensive selection of physical injuries and assigns each a range of financial values according to their severity and permanence.

As it was first published in 2004, the Book of Quantum has been criticised in recent years for being out of date. Judges, solicitors and insurance companies have sometimes ignored the Book´s guidelines – or automatically defaulted to the highest value in the range – when calculating personal injury awards in Ireland, resulting in inconsistencies in compensation settlements.

Now, after lengthy discussions between the senior judges, the Courts Service and the Injuries Board – and research into 52,000 personal injury awards in Ireland during 2013 and 2014 – a revised Book of Quantum is due to be published within the next few weeks. Those involved in its preparations say the updated publication will bring greater consistency to personal injury awards in Ireland.

As well as updating the financial values assigned to physical injuries, the revised Book of Quantum includes more degrees of severity and permanence. This higher level of granularity will enable judges, solicitors and insurance companies – and, to a degree, the Injuries Board – to more accurately assess personal injury awards in Ireland.

Although the revised guidelines and greater consistency they will bring are to be welcomed, it should be noted that personal injury awards in Ireland are not solely calculated on the extent and permanence of a physical injury. If you have been injured in an accident for which you were not at fault, you may also be entitled to compensation for your emotional trauma or any deterioration in your quality of life. For this reason, you should always seek professional legal advice from a personal injuries solicitor.

201607.14
0

Judge Awards Maximum Circuit Civil Court Compensation to Pensioner

A pensioner has been awarded the maximum possible Civil Circuit Court compensation for an injury she sustained in a pallet trolley accident at Dunnes Stores.

In the summer of 2014, Christina O´Reilly (88) from Dublin was shopping at Dunnes Stores in the city´s Northside Shopping Centre, when an employee of the store accidently pushed a pallet trolley into her back due to the trolley being stacked above eye level.

Although Christina was not knocked to the floor, the accident aggravated an existing back condition – leaving the pensioner in constant pain and now unable to take part in many of the social pursuits she previously enjoyed.

Christina made a claim for injury compensation against Dunnes Stores. However the store declined to consent to an Injuries Board assessment and Christina was issued with an authorisation to seek Circuit Civil Court compensation. The hearing recently went ahead after a long delay caused by Dunnes Stores compiling its defence.

At the hearing, Judge Jacqueline Linnane heard that Dunnes Stores was willing to admit liability for Christina´s injury. In assessing the amount of Circuit Civil court compensation Christina was entitled to, the judge heard from members of her family, who testified that Christina was now unable to do her own shopping and relied on the family for support.

Judge Linnane awarded Christina the maximum amount of Circuit Civil Court compensation possible – €60,000 – allowing a stay on the award subject to an appeal. As a condition of the stay, Judge Linnane stipulated that Dunnes Stores should pay Christina €45,000 compensation immediately and decide upon an appeal quickly because of Christina´s age.

The maximum Circuit Civil Court compensation award for personal injury was increased in 2014 to €60,000 from €38,092 to relieve the pressure on the number of cases being heard by the High Court. The change was also intended to resolve personal injury claims in a shorter timeframe when a resolution could not be found through the Injuries Board process.

201607.08
0

Claim for an Accident at Dublin Zoo Resolved at High Court

A woman´s claim for an accident at Dublin Zoo has been resolved following a hearing at the High Court and an award of €105,000 injury compensation.

In June 2011, forty-three year old Gwen Kane took her family to Dublin Zoo to celebrate the birthday of her youngest son. As she was pushing her son in his buggy alongside the sea lion enclosure, Gwen slipped on a manhole cover that was still wet from the previous night´s rain and fell, dislocating her right ankle.

Gwen – from Firhouse in Dublin – was taken to hospital, where her ankle was put into a plaster cast. The cast remained in place for seven weeks, after which Gwen was on crutches for a further nine weeks until her ankle had fully healed. Despite being able to discard the crutches, Gwen still experiences pain in her ankle.

Gwen applied to the Injuries Board for an assessment of compensation but, even though the Zoological Society of Ireland consented to the assessment, the Injuries Board figure was contested. Gwen was subsequently issued with an authorisation to pursue her claim for an accident at Dublin Zoo through the courts.

At the subsequent hearing at the High Court, Mr Justice Anthony Barr heard that the Zoological Society of Ireland had agreed it had been negligent by failing to clear rainwater away from walkways and viewing and that, as a consequence of her accident, Gwen was unable to continue her hobbies of Breton folk dancing, cycling and long-distance walking.

Judge Barr awarded Gwen €105,000 in settlement of her claim for an accident at Dublin Zoo – commenting he was satisfied Gwen had given a fair and accurate account of the consequences of her accident. In addition to the settlement for her pain and suffering, the judge also awarded Gwen €9,988 special damages to account for the financial cost of her injury.

201606.24
0

Judge Awards Injury Compensation for a Jogger Hit by Van Mirror

A High Court judge has awarded €134,000 injury compensation for a jogger hit by a van mirror after finding the driver of the van liable for the accident.

Forty-seven year old Donna Woods – a school teacher from Mullingar in County Westmeath – was jogging along the Ballynacarragy to Mullingar road in January 2013, when she was hit by the wing mirror of a van travelling in the opposite direction. Donna sustained a fractured wrist due to the impact of the van mirror and was treated at hospital for other injuries to her hand, elbow, shoulder and jaw.

Donna applied to the Injuries Board for an assessment of injury compensation for a jogger, but the driver of the van – Joseph Tyrell – denied that he was totally to blame for Donna´s injuries and refused to give his consent for the assessment to take place. Donna was subsequently issued with an authorisation to pursue her claim in court, and the hearing took place earlier this week.

At the hearing, Mr Justice Kevin Cross was told that, on 22nd January 2013, Donna and her friend were jogging along the road against the oncoming traffic and that a tractor and trailer combination had just passed them on the far side of the road.

The two joggers had seen Tyrell pull over onto the grass verge alongside the road to give the tractor a wide berth, but believed he would return to the carriageway once the tractor had passed and continued running towards the van. However, Tyrell continued to drive along the grass verge – the wing mirror of his van hitting Donna and causing her injuries.

Defending the claim for injury compensation for a jogger, Tyrell alleged that Donna was guilty of contributory negligence because she and her friend had run two abreast against the traffic without wearing high-visibility clothing. The judge dismissed the claim of contributory negligence by noting that Donna had been wearing bright clothing on the morning of the accident.

Acknowledging that Donna had previously been a “very active lady”, and that the injuries she had sustained in the accident had prevented her from competing in physically demanding sporting activities, the judge found in Donna´s favour and awarded her €134,000 injury compensation for a jogger hit by a van mirror.

201605.25
0

Claim for Slipping on Wet Leaves at Work Resolved in Court

A claim for slipping on wet leaves at work has been resolved at the Circuit Civil Court with the award of €25,879 injury compensation to a kitchen assistant.

On 19th November 2012, Ann Groves (58) was walking along a path towards the back entrance of the Baltinglass Hospital when she slipped on wet leaves and injured her ankle. Ann – who worked at the hospital as a kitchen assistant – was able to reduce the swelling with an ice pack and later attended her GP, who strapped Ann´s ankle for support after diagnosing a soft tissue injury.

Unfortunately the pain from the ankle injury continued. Unable to sleep, walk or stand for long periods, Ann sought medical attention from a number of specialists. She underwent sessions of physiotherapy and acupuncture before having a spinal cord stimulated surgically implanted in 2014; which although it helped with the pain, did not resolve the problem completely.

On her solicitor´s advice, Ann made a claim for slipping on wet leaves at work against her employer – the Health Service Executive (HSE). The HSE denied responsibility for Ann´s injury at work, contesting the claim on the grounds that a sage cleaning system was in place at the hospital, and that Ann had contributed to her accident and subsequent injury due to her own lack of care.

With no agreement on liability, the Injuries Board issued Ann with an authorisation to pursue her claim for slipping on wet leaves at work through the courts. The case was heard earlier this week by Judge Barry Hickson at the Circuit Civil Court, who was told that Ann´s accident had occurred early on a Monday morning after a particularly stormy weekend.

The judge found in Ann´s favour and dismissed the HSE´s claims of contributory negligence after hearing evidence from a maintenance engineer who testified that the maintenance team at the hospital started work after the kitchen assistants. The judge awarded Ann €25,879 compensation in settlement of her claim for slipping on wet leaves at work.

201604.09
0

Court Awards Compensation for a Waitress Hand Injury after Hearing

The High Court has awarded a woman €500,000 compensation for a waitress hand injury after finding jugs used in a hotel breakfast bar were unfit for purpose.

Sophie Caillaud (42) claimed compensation for a waitress hand injury after suffering a deep cut in her thumb when a glass jug she was filling at the Lough Rynn Hotel in Mohill, County Leitrim shattered in her hand.

Sophie underwent surgery to repair the soft damage tissue in her thumb but, due to the thumb failing to regain its strength, Sophie has been unable to return to waitressing since her accident – the injury also affecting her ability to perform day-to-day activities.

After seeking legal advice, Sophie claimed compensation for a waitress hand injury against the hotel and the two companies that manufactured and supplied the glass jugs to the hotel – Bunzl Outsourcing Ltd and Utopia Tableware Ltd.

The defendants contested the claim for compensation for a waitress hand injury due to the amount that was being requested and because, it was argued, that Sophie had contributed to the cause of her accident through her own negligence.

As the claim could not be resolved through the Injuries Board process or through negotiation, the case went to the High Court, where it was heard by Mr Justice Kevin Cross. At the hearing, Judge Cross was told that staff members had previously reported injuries due to the glass jugs shattering.

Judge Cross also heard testimony from an expert, who explained that the rapid cooling and heating of the jugs when used in a dishwasher weakened the joint between the jug´s thick handle and its thinner body. The expert concluded that the jugs were unfit for purpose.

After hearing evidence from Sophie, the judge also dismissed the allegations of contributory negligence and suggestions that Sophie was exaggerating her injuries. Commenting he found Sophie to be “entirely genuine”, Judge Cross awarded her €500,000 compensation for a waitress hand injury.

201603.24
0

Cabin Crew Assistant Settles Injury Claim for a Slip on a Plane

A cabin crew assistant, who was injured on a flight from Palma to Dublin, has settled her injury claim for a slip on a plane for an undisclosed amount.

Gabrielle McGovern from Blanchardstown in Dublin was working as a cabin crew assistant aboard an Air IOM flight from Palma to Dublin when, on 26th June 2012, she slipped on a discarded plastic rubbish bag that had been left on the galley floor of the 737 aeroplane.

Gabrielle sustained injuries to her back and shoulder when she fell and has since had to undergo lumbar surgery to repair the damage to her back. Due to the pain she still experiences in her back, Gabrielle has been unable to work as a cabin crew assistant since her accident.

Following a discussion with a solicitor, Gabrielle made an injury claim for a slip on a plane against Air IOM Ltd and Air Contractors (Ireland) Ltd. She alleged in her injury claim that the defendants had not provided a method of safely securing the plastic rubbish bags to prevent the risk of injury.

Air IOM Ltd and Air Contractors (Ireland) Ltd denied their liability for Gabrielle´s injury and contested her injury claim for a slip on a plane on the grounds of contributory negligence. Consequently, the case went to the High Court to determine liability. The hearing took place last week before Mr Justice Raymond Fullam.

At the hearing, Judge Fullam was told that plastic bags had been introduced to store rubbish following the sealing of the rubbish bins as a security measure and the storage of the plastic bags – both when empty and full – was an issue that affected all the cabin crew working on Air IOM flights. He also heard that the plastic bags occasionally split open, allowing rubbish to spill onto the floor of the galley.

However, before Air IOM Ltd and Air Contractors (Ireland) Ltd had the opportunity to present their defence against the injury claim for a slip on a plane, Judge Fullam was told that Gabrielle´s claim had been settled for an undisclosed amount and the case could be struck.

201603.17
0

Court Awards €153,000 Compensation for a Workplace Manual Lifting Injury

A former picker at a Dublin distribution centre has been awarded €153,150 compensation for a workplace manual lifting injury by a judge at the High Court.

Forty-seven year old Slovakian, Salmovir Spes, made his workplace manual lifting injury claim after hurting his back while working at the Windcanton distribution centre in Blanchardstown, Dublin. Salmovir´s job at the distribution centre was to manually lift or “pick” goods from pallets and load the goods onto trolleys for transportation to twenty-four Supervalu supermarkets in the area.

Salmovir´s injury occurred on October 29th 2011 as he was lifting trays of yoghurts from a pallet. As he turned to place the yoghurts onto a trolley, Salmovir felt a sharp pain in his back. Although he went home immediately to rest his back, and then sought prompt medical attention, Salmovir was unable to return to work at the distribution centre. He remained on sick leave until 2014 when he was made redundant.

Salmovir claimed compensation for a workplace manual lifting injury, but Windcanton withheld their consent for the Injuries Board to conduct an assessment. Salmovir was subsequently issued with an authorisation to pursue compensation for a workplace manual lifting injury through the courts, and his case was heard recently at the High Court by Mr Justice Anthony Barr.

At the hearing, Judge Barr heard that Salmovir was set a “pick rate” of 1,200 picks per seven-and-a-half hour shift. It was alleged by Salmovir that he had not been trained in the correct way of manually lifting goods in a safe way to meet his target, and that he was especially selected for heavy manual lifting because of his nationality.

The defence argued that Salmovir had not been treated differently than any other employee, that adequate training was provided and that workers were given refresher courses at regular intervals. It was suggested that Salmovir´s injury had been caused by his own negligence due to taking a short cut in the correct procedures.

Judge Barr found in Salmovir´s favour – commenting he was satisfied that Salmovir´s back injury was attributable to a lack of adequate training, unreasonably high pick rates and being forced to take short cuts to meet his target. The judge said there was no evidence to support Salmovir´s allegations of discrimination or the defence´s argument that Salmovir had contributed to his injury through his own lack of care.

The judge awarded Salmovir €153,150 compensation for a workplace manual lifting injury, saying he was satisfied that the plaintiff had suffered a significant injury to his lower back due to his employer´s negligence that not only rendered him “permanently disabled in the work aspects of his life”, but also continued to cause him pain in his day-to-day domestic activities.

201603.15
0

Negligence Determined in Claim for a Workplace Accident at Dunnes

A High Court judge has found Dunnes Stores negligent in a claim for a workplace accident in Dunnes, made by an employee who fell down a flight of stairs.

Jean O´Reilly from Wexford was employed as a checkout operator at her local Dunnes Stores in Redmond Square, when – on 9th December 2011 – she lost her footing while reading the staff noticeboard and fell down a flight of stairs leading from the staff locker room to the ground floor.

Jean was taken to hospital by ambulance, where she was treated for soft tissue injuries to her neck and back. Jean had to wear a neck brace to support her head for the six weeks she was unable to work and also underwent a course of physiotherapy to help her recover from her ordeal.

After obtaining legal advice, Jean made a claim for a workplace accident in Dunnes against her employer –  alleging that the staff noticeboard was dangerously positioned too close to the top of the stairs and that, had there been a handrail of both sides of the flight of stairs, her fall could have been prevented.

Dunnes Stores contested the claim for a workplace accident at Dunnes and refused to consent to an Injuries Board assessment. Jean was subsequently issued with an authorisation to pursue her workplace accident claim through the courts process and her case was heard at the High Court.

At the end of the hearing, Mr Justice Raymond Fullam found in Jean´s favour. Judge Fullam ruled that Dunnes Stores had been negligent in two respects – for the dangerous placement of the staff noticeboard at the top of the flight of stairs and for the lack of a handrail on both sides of the flight of stairs.

Judge Fullam awarded Jean €81,500 compensation in settlement of her claim for a workplace accident at Dunnes – €65,000 general damages for her pain, suffering and loss of amenity as a result of her accident, and €16,500 special damages for her loss of income and the costs she had incurred.

201602.01
1

Dublin Bar Injury Compensation Claim Settled at High Court

A Dublin bar injury compensation claim has been settled at the High Court in favour of a woman who dislocated her thumb in a slip and fall accident.

On May 28th 2011, Sharon Kelly (44) from County Offaly attended a thirtieth birthday party at the Arc Café Bar on the Fonthill Road in Dublin. Shortly after midnight, Sharon crossed the wooden floor in the lobby area to go to the bathroom, slipped on some liquid spilt on the floor and dislocated her thumb as she fell.

In pain from her injury – which has left her with a loss of sensation in the tip of her thumb and a reduced pinch grip – Sharon sought legal advice and made a Dublin bar injury compensation claim against Lackabeg Limited trading as the Arc Café Bar, alleging that there had been a failure to monitor the floor surfaces and take corrective action when a risk of injury was identified.

Lackabeg Limited denied liability for Sharon´s injury, and contested the Dublin bar injury compensation claim on the grounds that the bar had a comprehensive cleaning system in place. The owners of the bar alleged that Sharon had been drinking at the party for more than five hours and was wearing four-inch heels at the time of her accident.

With liability contested, the Injuries Board issued Sharon with an authorisation to pursue her Dublin bar injury compensation claim in court. Consequently, the case was heard by Mr Justice Anthony Barr at the High Court.

During the hearing, Judge Barr was told that the liquid on the floor could either have been caused by a patron spilling their drink or water being walked out from the ladies toilet. The judge accepted the evidence of two other women that the toilets in the public bar had been in poor condition that night and complaints were made to bar staff.

The judge also reviewed CCTV footage of Sharon´s slip and fall accident, and heard that the bar had been particularly busy that evening due to a two-for-one drinks promotion to promote a televised Champions League football match. The judge said he was satisfied that there was liquid on the wooden floor where Sharon slipped and fell.

Awarding Sharon €90,000 in settlement of her Dublin bar injury compensation claim, Judge Barr said: “People cannot be expected to look at the floor when walking across a bar. She was entitled to expect that the floor was dry and it was safe for her to walk across it.”

201601.21
0

High Court Approves Compensation Settlement for a Work Accident Claim

The High Court has approved a compensation settlement for a work accident claim made by the widow of a man killed while working at Connacht Sportsground.

On 30th April 2008, Declan Byrne (31) was killed when a 1.4 tonne steel beam fell on him while he was trying to realign it during the construction of a new gym at the Connacht Sportsground in Galway. An investigation into Declan´s death resulted in charges being brought against the company for whom he worked – CDM Steel Ltd – under the 2005 Safety, Health and Welfare at Work Act.

The company was acquitted on the charges in November 2013, after the Galway Circuit Criminal Court heard that it had been Declan´s decision to use scaffolding and a bottle jack – rather than lift the beam with a crane – because the blockwork of the building was so far advanced. However, the judge in the case criticised the lack of supervision and an “appalling lack of communication” at the site.

Following the acquittal of her husband´s former employer, Dolores Byrne from Ballyhaunis in County Mayo made a work accident claim against CDM Steel Ltd alleging that the company´s negligence was responsible for Declan´s death. She also sued Portant Developments Ltd – the main contractor for the development of the site, the Connacht Branch of the Rugby Football Union and the Irish Rugby Football Union – the owners of the Connacht Sportsground.

All four parties denied their role in Declan´s death, and alleged that he failed to have regard for his own safety by attempting to realign the steel beam without the appropriate lifting equipment. However, at the High Court, Mr Justice Kevin Cross heard that a compensation settlement for the work accident claim had been agreed amounting to €500,000.

Judge Cross approved the compensation settlement for a work accident claim, expressing his sympathies to Dolores and her two children for their tragic and irreplaceable loss. He told the family that, although the compensation settlement for a work accident claim was a good one that he was happy to approve, “nothing can replace what you have lost”.

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.

201511.13
1

Judge Awards Compensation for a Slip on a Potato Wedge in Dunnes

A judge has awarded an injured shopper €22,900 compensation for a slip on a potato wedge in Dunnes following a hearing at the Circuit Civil Court in Dublin.

In November 2011, sixty-year old housewife Anna Manning from Clondalkin in Dublin was entering the fish section of her local Dunnes Stores, when she slipped on a potato wedge that had been left on the floor following an earlier spill and fell onto the shop floor.

Anna landed on her hands and knees, but the following day attended her GP for treatment to pains that had developed in her back and neck. Anna also sought legal advice and claimed compensation for a slip on a potato wedge in Dunnes.

Dunnes Stores refused its consent for Anna´s claim to be assessed by the Injuries Board and she was issued with an Authorisation to pursue her claim in court. The claim for compensation for a slip on a potato wedge in Dunnes was recently heard by Mr Justice Raymond Groarke at the Circuit Civil Court.

At the hearing Judge Groarke was told that Anna´s slip and fall had aggravated an existing condition, and that she had also sustained a wrist injury that was having a negative effect on her quality of life. Dunnes Stores contested Anna´s claim, and argued that she had contributed to her injuries by her own lack of care.

Judge Groarke dismissed Dunne´s argument of contributory negligence and found in Anna´s favour. The judge commented that Anna was a “very poor candidate” to fabricate her story considering her previous medical history and he considered Dunnes Stores to have been negligent for failing to thoroughly clean up the previous spill.

Judge Groarke awarded Anna €22,900 compensation for a slip on a potato wedge in Dunnes, adding on the balance of probabilities that the potato wedge on which Anna had slipped had likely been a “brother or sister” of the wedges that had been spilled earlier in the day.

201511.10
0

Flight Attendant Claims Compensation for Injuries during a Landing

An Air Lingus flight attendant has given evidence at the High Court in support of her claim for compensation for injuries during a landing at Dublin Airport.

On 19th November 2009, Cassandra Reddin from Ratoath in County Meath was a flight attendant on flight EI582 from Malaga to Dublin. As the Airbus 320 approached Dublin Airport, the plane started swaying from side-to-side and, on landing, bounced three times before coming to a halt much further along the runway than it normally would.

The rough landing caused the overhead luggage lockers to open, and luggage to fall on top of passengers; who – according to Cassandra´s testimony yesterday at the High Court – were screaming in fear. “Safety documents shot out of their pockets; duty free broke in the overhead baggage and alcohol leaked into the cabin. There was a degree of chaos and stress on board,” she told Mr Justice Michael Hanna.

Cassandra told the court that the rough landing had left her shaken up emotionally and physically. Claiming that she had suffered shock due to the incident, and had cried the whole evening when she had got home, Cassandra also alleged that she had suffered soft tissue neck and back injuries similar to whiplash – subsequent to which she sought legal advice and claimed compensation for injuries during a landing at Dublin Airport.

Aer Lingus contested Cassandra´s claim for compensation, and her allegations that the rate of descent just prior to landing was three to four times what it should have been. The airline also disputes claims that the co-pilot was negligent in failing to adequately supervise the landing on the plane. Consequently, when Cassandra applied to the Injuries Board for compensation for injuries during a landing, Aer Lingus refused to give its consent for the assessment to proceed.

The hearing at the Four Courts continues tomorrow.

201511.07
0

Judge Awards Multiple Compensation Settlements for an SUV Accident

A judge at the Limerick Circuit Court has awarded multiple compensation settlements for an SUV accident in which a driver and three passengers were injured.

Mary O´Reilly was driving her husband´s SUV from Charleville in County Cork to Rathkeale on 18th October 2011, when the vehicle was rear-ended by a rental van driver by Rathkeale resident Jeremiah O´Brien. Several days after the accident, Mary and her three female passengers started to experience pain from soft tissue injuries they had sustained in the accident.

The four women claimed injury compensation from the driver of the rental van, the company from which it had been hired – Enterprise Rent a Car – and the Motor Insurers Bureau of Ireland (MIBI). Mary´s husband – William O´Reilly – also claimed compensation for the property damage to his SUV –

Enterprise Rent-a-Car and MIBI contested the claim on the grounds that the circumstances of the accident did not stand up to scrutiny. The defendants alleged that Jeremiah O´Brien and William O´Reilly were known to each other, and that when the Gardai attended the scene of the accident, no property damage was recorded.

As consent for the Injuries Board to assess the compensation settlements for an SUV accident was denied, the case went to Limerick Circuit Court, where it was heard by Judge Karen Fergus. Judge Fergus was told that, although William O´Reilly´s parents had lived near Jeremiah O´Brien´s parents, the two men had only met once before.

Judge Fergus also heard about the various injuries that had been sustained by Mary and her passengers, and that one of the passengers – Lisa O´Reilly had already settled her claim out of court. The judge awarded multiple compensation settlements for an SUV accident to Mary O´Reilly (€7,500), Caitriona McDonagh (€10,000) and Breda McCarthy (€12,000). William O´Reilly was also awarded €4,800 for the property damage to his SUV.

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.

201510.21
0

Dublin Bar found Liable in Cut Hand Injury Compensation Claim

A Dublin bar has been found liable for injuries sustained by a painter and decorator after a hearing into a cut hand injury compensation claim.

David O´Keeffe (31) made his cut hand injury compensation claim after slipping and falling at the Woolshed Baa & Grill on Parnell Street in Dublin on 18th September 2011. David had been watching the All Ireland Football Final in the packed bar with a group of friends and, at the end of the game, he attempted to visit the bathrooms.

However, as he manoeuvred his way through the packed bar, he slipped on a wet area of the floor and fell – cutting his left hand on a piece of glass that was laying on the floor. David received First Aid behind the bar for his injury, and later attended the Accident & Emergency Department of St James´ Hospital, where the cut was cleaned properly and stitched.

Following his hospital treatment, David made a cut hand injury compensation claim against the Woolshed Baa & Grill, alleging that the bar had allowed uncollected glasses to stack up, which had likely fallen over and smashed and caused the piece of glass to be laying on the floor. He also alleged that spilled drinks remained unattended to and that the bar had failed to follow cleaning procedures.

The Woolshed Baa & Grill denied its liability for David´s injury, and refused to consent to an Injuries Board assessment of the cut hand injury compensation claim. David was issued with an authorisation to pursue his claim through the court system, and a hearing to establish liability took place last week before Judge Jacqueline Linnane at the Circuit Civil Court in Dublin.

At the hearing, the bar´s legal team argued that David´s injuries were due to his friends unsuccessfully trying to lift him up while he had a glass in his hand. The bar owners testified that the bar had followed its cleaning procedures on the day in question, and that an accident report had been filled out at the time that David slipped and fell, but that they were unable to locate it.

Judge Linnane said that she accepted David´s version of events, as the bar had been packed “to the point that one would not have been able to see that the floor was wet”. She found in David´s favour and awarded him €20,000 in settlement of his cut hand injury compensation claim.

201510.14
0

Settlement of Electrocution Accident Compensation Approved in Court

A settlement of electrocution accident compensation has been approved in the High Court in favour of a boy who was severely burned while playing.

On July 3rd 2008, Kurt O´Callaghan from Wexford was playing in woodland near his home and making a camp with his friends, when he decided to put a “Keep Out” sign on an electricity pole. As Kurt nailed his sign into the Electricity Supply Board (ESB) pole, the nail went into an electricity cable and the force of the subsequent electric shock knocked him off the wall he had used to gain access to the pole.

A passing motorist rushed Kurt – who was just ten years old at the time – to a local hospital, from where he was transferred to the Children’s Hospital in Crumlin, Dublin. Kurt spent the next three months undergoing multiple operations to treat burnt areas on his head, neck, shoulders, chest, and hands. Kurt may need further surgery or skin grafts in the future.

Through his mother – Denise – Kurt made a claim for electrocution accident compensation against the ESB, alleging that he had been exposed to a danger of electrocution which the ESB knew existed or should have known existed. It was further alleged that there had been a failure by the ESB to carry out an inspection of the wall Kurt used to access the electricity pole so as to detect the dangerous nature of the wall´s proximity to the electricity cables.

The electrocution accident compensation claim was supported by expert evidence that was critical of the ESB for not identifying the risk of danger. The expert´s report said that there was a statutory requirement to ensure that electricity poles were inaccessible to a height of three metres, and the ESB should have spotted that the pole was accessible if the wall was used to access it.

The ESB denied that it was responsible for Kurt´s injuries, and the electrocution accident compensation claim was scheduled for a full court hearing. However, before the hearing could take place, a negotiated settlement of the claim was agreed for €700,000. Approving the settlement, Mr Justice Kevin Cross said that it was a good one in the circumstances, as Kurt may have been accused of contributory negligence if his claim for electrocution accident compensation had gone to a full hearing.

201509.26
2

Compensation Awards made by the High Court under Attack

A representative of the motor insurance industry has claimed that judges need educating about who pays for compensation awards made by the High Court.

The attack on compensation awards made by the High Court was made by Conor Faughan from AA Ireland, who was responding to the news that the average value of High Court personal injury settlements had increased from €227,000 in 2013 to €304,000 last year.

Mr Faughan said there was a need for judges to be educated so that they would understand that compensation awards made by the High Court are paid for by the country´s two million drivers. Although not strictly true (few road traffic accident claims are resolved in the High Court), Mr Faughan pointed out that the average value of assessments conducted by the Injuries Board had remained steady during the same period at around €22,600.

It has also been suggested that the increase in the average value of compensation awards made by the High Court could be due to changes made under the Courts and Civil Law Act 2013, which saw the minimum potential compensation level at which cases would be heard by the High Court from €38,092 to €60,000. Some observers believe that High Court judges are awarding a minimum compensation settlement of €60,000 when – prior to the increase – they would have awarded less.

Dorothea Dowling – founding chairperson of the Injuries Board, and the chair of the Motor Insurance Advisory Board – believes that plaintiffs are shunning Injuries Board assessments for higher compensation awards made by the High Court. Ms Dowling told the Independent: “The Department of Justice was forewarned well in advance. This is what happens when you increase the limits of the lower courts – it sends out the message that €38,000 is small money.”

Whereas Ms Dowling has a point, it is not a point that everybody shares. Earlier this year (In McGarry v McGarry) Mr Justice Bernard Barton criticised the government for not updating the injury compensation values published in the Book of Quantum since 2004. During the case, Judge Barton acknowledged that for all practical purposes the Book of Quantum was being ignored by the courts because it was so out of date and commented “it is unquestionably in the interests of the proper administration of justice that the Book be reviewed and be kept updated to properly reflect [compensation awards made by the High Court]”.