Offer of Compensation for Shop Accident Rejected by Judge

An offer of compensation for injuries sustained by a young girl in a shop accident has been refused by a judge in the Circuit Civil Court in Dublin.

Shauna Kelly (17) was browsing through the electronic books section in the Eason’s branch in Lower O’Connell Street when an electronic display board fell from the wall and hit her on the head and arm.

Shauna was transported the Crumlin Children’s Hospital, where she was diagnosed with a concussion and soft tissue injuries to her back and neck. X-rays were taken, and it was revealed that no bones had been broken, although she had sprained her wrist. A splint was placed on the wound to add support while it healed.

On behalf of her daughter, Kathy Maher consulted a solicitor, and made a claim for compensation for personal injuries sustained in a shop accident. She claimed that Eason’s and David James Retail Solutions Ltd-the company that had installed the display board-had failed in their duty of care, resulting in the injury to her daughter.

The defendants offered a settlement of €13,500 after some negotiations to resolve the claim. As Shauna was a minor at the time, the offer of compensation had to be brought before a judge to be approved on her behalf.

Court President Mr Justice Raymond Groarke heard the case at the Circuit Civil Court in Dublin. He heard the circumstances of the accident, and the nature of the injuries sustained. The plaintiffs claimed that Shauna experienced severe headaches for six months after the accident occurred and still suffered stiffness in her back.

Shauna’s barrister told the judge of the offer that had been made by the defendants as compensation for the injuries sustained in a shop accident. He further stated that he did not believe that it adequately represented the young girl’s injuries, and thus was not prepared to recommend approval.

Judge Groarke declined the settlement, claiming that a more appropriate settlement of compensation for Shauna could be made if the case went to a full hearing. The approval hearing will be held later this year.

DUBLIN CITY COUNCIL MUST PAY COMPENSATION TO BIN LORRY INCIDENT VICTIM

Padraig Hearns (39) has been awarded compensation from Dublin City Council after being run over by a bin lorry in Dublin City, resulting in severe brain damage.

Padraig was lying on the street after being attacked during a night out in the Dublin Temple Bar area in April of 2007. Hurt and confused after the assault, he was unable to move out of the way before a bin lorry operated by Dublin City Council run him over, causing a fractured skull and severe arm injuries.

He was immediately brought to hospital, where he was treated for injuries to his head, arm and eye. He was put into an induced coma for a week, and spent several months following the incident confined to hospital to recover from the traumatic event.

Despite the level of care he received, Padraig sustained brain trauma and is now unable to care for himself. He is now dependant on his parents and siblings for his care, living in his parent’s home. He is also unable to return to work again in his life.

His parents made a claim for compensation from Dublin City Council on Padraig’s behalf for the bin lorry injury sustained. The defendants denied liability for the accident. Their solicitors argued that they were not at fault for Padraig lying in the path of the lorry, and therefore could not be held responsible.

The case was brought to the High Court, where it was heard by Mr Justice Michael Peart. The judge pointed out to the defendants that Dublin City Council had ignored its own by-laws that had been introduced mere months before the incident; they were not permitted to collect waste from the Temple Bar area between 12:00pm and 6:00pm, which they had been doing at the time of the incident.

Judge Peart also pointed out that the City Council had a duty of care to ensure that the scene was safe for the truck to move through the area by having an employee outside of the truck to survey the area. They had failed in this duty when they neglected to notice Padraig lying on the road beneath the lorry.

The judge further commented that “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”.

A settlement of €4,885,888 in injury compensation for the bin lorry accident was awarded to Padraig. This was the sum of €266,341 for loss of earnings, €155,230 for care costs to date, €350,000 for his suffering and €3,485,000 to cover his future care costs. The City Council also had to pay for legal costs covering the trial.

 

HIGH COURT APPROVES SETTLEMENT FOR INJURIES CAUSED IN HIT AND RUN CASE

A settlement of €1.2 million has been awarded to a woman who suffered extensive injuries and lost opportunities as a result of a hit and run incident with a drunk driver in June of 2009.

Laura Byrne, then twenty-one, was walking with friends on the street in Wexford when she was hit by a vehicle driven by Karl Chrzan, who was intoxicated at the time. Laura was thrown into the air, landing on the bonnet of the car. Her head cracked against the windscreen of the car, causing major trauma. The student was immediately brought the Waterford Regional Hospital for initial treatment of her injuries, but later had to be transferred to a hospital in Cork to receive specialist care.

Laura was forced to abandon her studies in veterinary science as a result of the complications of the injury. Her balance had been severely affected, and suffered bouts of double-vision. Her left arm continuous to be physically weaker than her right to this day.

Chrzan immediately fled the scene in the vehicle following the incident, citing his panicked state as the cause of these actions. Following a police investigation, it was revealed that he had consumed multiple beers and vodka before taking control of the vehicle.

He was charged and arrested by the Gardaí for the hit and run incident. Chrzan was sentenced to three years in prison for dangerous driving that resulted in serious harm. He was also banned from driving for six years following the incident.

Laura made a claim for compensation as a result of her hit and run injury against the Motor Insurers Board of Ireland (MIBI). The vehicle involved in the incident was Chrzan’s partner’s, and he was not insured to drive it, resulting in MIBI having to settle the compensation claim. The sum of €1.2 million was negotiated as adequate settlement.

Ms Justice Mary Irvine approved the settlement at the High Court in Dublin. She noted that it was good compensation considering the circumstances of the case, although no sum of money could consolidate the trauma that the young student had experienced. The judge further hoped that the money would make Laura’s life more comfortable for her following the incident.

COMPENSATION AWARDED TO EMPLOYEE INJURED AFTER SLIP AND FALL INJURY IN WORKPLACE

The High Court has awarded a compensation settlement to an employee of Dunnes Stores for an injury that was the result of a slip and fall incident in the workplace.

In July 2011, Dorota Michalowska (29) was working in the canteen of Dunnes Stores in Clonmel, Country Tipperary. As she was clearing the tables and moving items to the kitchen to be cleaned, she slipped on a frozen chip that was on the floor. The fell to the ground, and damaged the soft tissue of her knee.

Dorota was forced to undergo physiotherapy for her injury, which left her largely immobilised. She was unable to work for thirty-five weeks after the incident occurred. She sought legal advice, and decided to make a claim against her employer for a canteen slip and fall injury to seek compensation for the time during which she was rendered unable to work.

The defendant denied any liability for Dorota’s injury. Their solicitors argued that the victim herself had been responsible for preparing a large quantity of the food, and it was plausible that it was her own fault that there had been a frozen chip on the floor. Therefore, Dorota’s own negligence was the cause of the injury, and Dunnes Stores was not at fault.

The case went to the High Court, where it was heard by Ms Justice Mary Irvine. Evidence was given by both parties. The judge remarked that Dorota had not been working on her own in the canteen that day; two colleagues shared her responsibilities. Therefore, “on the balance of probabilities”, it was more probable that either of them had dropped the chip as opposed to Dorota herself. She ruled that Dunnes Stores was liable for the injury due to the negligence of its staff to pick the chip up. She also noted that had the victim dropped the chip herself, it would have defrosted by the time Dorota had finished her tasks around the canteen and slipped on it, hence making it even more unlikely that Dorota was responsible for her knee injury.

A further payment of €20,000 was awarded to account for Dorota’s future pain, as it is likely that she will suffer from arthritis in future as a result of her injuries.

JUDGE APPROVES COMPENSATION FOR MISSED DIAGNOSES OF KNEE INJURY

The High Court in Dublin has approved a compensation settlement for medical negligence to a woman whose knee fracture was missed upon initial examination.

Amy Rose McGowan (31) was in training to participate in the Special Olympics World Games when she fell and damaged her knee while practicing  for the 50 metre race. She was immediately brought to Our Lady’s Hospital, Navan, where she was attended to. X-rays were taken of the area, and she was told that she suffered soft tissue damage to her knee. The joint was strapped for support, and she was released without further care.

However, a month after the accident, Amy Rose developed increased pain in the area. She consulted her GP, who subsequently diagnosed Amy Rose with a depressed fracture. The injury had been overlooked at the hospital during her initial consultation. Unfortunately, due to the late diagnoses, it was too late to perform the necessary corrective surgery. Amy Rose was no longer able to train to compete in the Special Olympics in Athens, scheduled to take place in 2011.

On behalf of her daughter, Charlotte McGowan made a claim against the Health Service Executive (HSE) for compensation due to the missed knee fracture. She stated that the initial care her daughter had received had been negligent, as well as the missed diagnoses. An investigation was launched into the case.

The HSE admitted liability to the missed diagnoses. They acknowledged that the emergency department overlooked the depressed fracture upon initial inspection. The defendants made an offer of €142,000 as a settlement, which Charlotte agreed upon on behalf of her daughter. However, due to Amy Rose’s intellectual disability, the sum had to be approved by a judge in court.

Mr Justice Michael Peart heard how the athlete’s career had been cut short as a result of the accident, and expressed pity at this statement. Amy Rose had won 34 medals and 10 trophies over her career as a swimmer and athlete, but was unable to continue due to the incident. The judge approved the settlement offered by the HSE.

 

Injuries Caused by Automatic Doors

As their name suggests, automatic doors open automatically – without the need to manually push/pull them using an attached implement such as a bar, knob, or handle – when a person triggers their motion sensor or pushes the appropriate button. These are often found in commercial and industrial establishments, and are meant to make entering and exiting more convenient. Despite their obvious advantage over traditional designs, though, automatic doors have been involved in numerous injury-causing accidents, and have thus been the subject of many complaints and personal injury compensation claims.

What is Negligence? For individuals who suffered physical harm as a result of walking into closed automatic doors, the term “negligence” is very important. Establishing which of the two parties involved in the incident – that is, the individual(s) who experienced the accident and the company/owner of the establishment where the door is located – committed negligence and is thus to blame is a crucial part of both the claims and settlement process. That said, in UK law negligence occurs when one’s carelessness results in harm done to another person. There is no intent to cause harm; however, one’s inability to foresee the negative consequences of an action has resulted in it.

Who is at Fault? The answer to this question is difficult to ascertain – that’s why solicitors are often hired both by the complainant and the defendant to take care of this part. Basically, though, the company or owners of the establishment where the door is placed are liable if they overlooked informing the public of any glitches or issues that resulted in the door being defective and failing to open at the right time. On the other hand, the complainant is at fault if the other party successfully proves the following: they exhausted all reasonable measures to ensure the safety of the people entering and exiting their premises, and the injury the complainant sustained resulted from his own carelessness.

When Can a Claim for Personal Injury Compensation be Made? No personal injury compensation claim can be made if the complainant does not have proof of any physical or psychological injury caused by the accident involving automatic doors. “Proof” in this sense may include wounds, scars, and medical records that indicate treatment after the accident for injuries sustained. If the complainant is an employee of the owners of the establishment, the company’s Accident Report Book can likewise be used to support a personal injury compensation claim.

Is a Court Appearance Necessary? Although the solicitor hired by both parties involved will likely prepare all documents needed should the case reach the UK courts, only a small percentage of similar cases end up with a judge delivering a verdict. More often than not the complainant or plaintiff and the defendant settle out-of-court, in which case a court appearance is unnecessary. Here, negotiations are done with a 3rd party insurer – that is, the insurance company of the defendant – who will be responsible for paying compensation to the victim of the accident. On a related note, the amount that will be received by any individual who has made a successful personal injury claim will largely depend on case circumstances and how much he or she hopes to receive as compensation.

See also: http://www.uksupermarketaccidents.co.uk/

COMPENSATION AWARDED FOR FINGER INJURY SUSTAINED BY CHILD IN SHOP

A young girl has been awarded €10,000 in compensation for an injury sustained to her finger in an incident occurring in a shop in March, 2011.

Naoise Walsh, aged six at the time of the incident, severely lacerated her finger when attempting to remove a drink carton from a refrigerator unit in Debenhams’ café in Henry Street, Dublin. Her finger was caught by the metal grill of the shelf inside the fridge, severely cutting it and causing heavy bleeding.

The emergency services were notified and Naoise was brought by ambulance to Temple Street Children’s Hospital. Her mother accompanied her on the journey. The wound was attended to on site, but required Naoise to revisit the hospital the following day for further checks to the area. Upon further examination, during which Naoise was under general anaesthetic, no extensive damage to the young girl’s tendons could be found. The wound was stitched and dressed before releasing Naoise from hospital later that day.

On behalf of her daughter, Amy Walsh from Bluebell, Dublin, sought legal advice and made a claim for the cut finger injury sustained by her child against Debenhams store. The defendant admitted liability for the incident, and offered a sum of €10,000 in compensation to the girl.

In order for the compensation to be agreed upon, the case was heard by the Circuit Civil Court in Dublin. Court President Mr Justice Raymond Groarke heard the case, and approved the settlement for Naoise of the aforementioned amount. It is a requirement for cases involving compensation for children that such a hearing take place.

 

SETTLEMENT REACHED FOR MAN WHO SUFFERED BRAIN INJURY AFTER FALL IN PUB

A man who suffered brain injuries after falling down the stairs of a Dublin pub has been awarded €250,000 in damages for his injury claim against the establishment.

Frank McHugh (80) fell down the stairs of the Stag’s Head pub while making a trip to the bathroom during a family meal to celebrate Easter weekend in April, 2011.

The claim, alleging that the pub was negligent in ensuring that there was a safe and secure means of accessing the toilets, was made through Frank’s son, Patrick McHugh. Patrick also stated that there were no signs present in the building warning of the precautions that must be taken on the stairwell, and therefore the pub is further at fault.

The pub’s proprietor, Shelbourne O’Brien Ltd, denied liability for accident. They stated that the fault was on Frank himself, as he failed to descend the staircase in a safe and appropriate manner, and the fall was not due to negligence on their part.

CCTV footed was provided as evidence on behalf of Shelbourne O’Brien Ltd to contest the claim. On camera, it can be seen that Frank takes the initial step down the stairs himself, before he proceeds to fall forwards.

The case was heard by Ms Justice Mary Irvine at the High Court in Dublin. She heard that the company was willing to make an offer of a quarter of a million euro as a settlement, despite denying the claims against them. The judge was further informed that the family had been legally advised to accept the sum, despite the fact that the amount was only a small portion of what a full settlement would be if the case went to trial.

The settlement was approved by the judge, despite her acknowledging that it would not cover many of the care costs that were the consequence of the injury. Ms Justice Mary Irvine commented that the claim made my Frank against Shelbourne O’Brien Ltd was unlikely to be successful if there was a full trial, due to lack of evidence implicating the defendants.

COMPENSATION AWARDED TO EMPLOYEE INJURED DURING TEAM-BUILDING EXERCISE ACCIDENT

An employee that sustained a broken wrist injury while participating in a team-building exercise organised by his employer has been awarded compensation outside of court.

Cathal Kavanagh (54), an executive chef in the Carton House Spa and Gold Hotel in Maynooth, County Kildare, attended a team-building day with his colleagues at the Riverbank Arts Centre in Newbridge, where he sustained his injury.

As part of the event, Cathal was required to participate in a series of games and activities with his coworkers. It was during one of these events-a relay race that saw employees of the four-star hotel running backwards-that Cathal fell. His foot slipped form under him, and he fractured his wrist in an attempt to break his fall. Medical treatment was sought, and he received care for his broken wrist.

Cathal sought legal advice from his solicitor. He made a compensation claim for the injuries sustained on the programme against both Carton House and the organisers of the day, JikiJela Ltd of Tubbercurry, County Sligo. A further claim was made against Kildare County Council, the proprietors of the Riverbank Arts Centre.

The victim claimed that the activities had not been safe for participants, and that all of the parties named were negligent as they failed to ensure that no danger would be present for Cathal or his colleagues. All defendants denied liability for his wrist injury, resulting in the Injuries Board authorising the claim to be heard at the Circuit Civil court to resolve the matter.

However, before the first day of the hearing was complete, Mrs Justive Mary Irvine-the judge presiding the case-was informed that compensation for the injury had been settled outside of court and that the claim could be struck out of court.

 

COMPENSATION AWARDED FOR DOG ATTACK INJURY TO YOUNG GIRL

The High Court has awarded compensation of €150,000 to a young girl who suffered injury from a Rottweiler dog  that escaped from its home and attacked her.

On December 26th, 2011, Lauren Kelly of Abbeylara, County Longford was playing outdoors with her family when she was viciously attacked by the animal after it escaped from its home.

Before her family could successfully pull her away from the dog, Lauren sustained numerous teeth and claw injuries to her upper right arm. She was immediately brought to hospital for treatment of these injuries. The girl also had to endure a skin graft operation due to the damages. As a consequence of this, she suffered significant scarring to her arm.

On behalf of his daughter, Michael Kelly made a claim for compensation, asserting that the dog’s owner displayed negligence in allowing the animal to escape and roam the streets where children were likely to be playing. The Rottweiler’s owner, William Crawford, conceded that he was liable for the injury. Compensation was negotiated outside of court.

The claim was heard before Mr Justice Kevin Cross in the High Court in Dublin in order for such a settlement to be approved. While in court, the judge heard how Lauren still suffered nightmares as a result of the incident, and has to wear arm protection while swimming to prevent infection to the affected area.

The settlement of €150,000 was approved as compensation for the dog bite injury. Until Lauren is eighteen years of age, the money shall be held in an interest-bearing account, unless it needs to be accessed by Lauren’s parents to pay for further medical attention as a result of the attack.

COMPENSATION AWARDED FOR HOLIDAYMAKER’S INJURY AT AIRPORT

A holidaymaker who sustained a broken nose after a set of electronic doors closed on him at Dublin Airport has been awarded compensation for his injury.

Thomas and Evelyn Smyth travelled to Dublin Airport from their home in County Cavan in January of 2011 in order to take an Aer Lingus flight to Tenerife. On their way to board to plane, an electronic door that was programmed to automatically shut after some period of time closed on Thomas, breaking his nose in the process.

The sixty-three year old victim was brought to the nearby Beaumont Hospital to receive treatment for the fracture. As a consequence, the couple missed their flight to the Canary Islands, and their holiday was delayed. Flights were reorganised for two days later than planned, but the rest of their holiday was tainted by the incident at the airport.

Upon returning home, the couple sought legal counsel. A claim was made for compensation for his broken nose against both Aer Lingus and the Dublin Airport Authority. While both parties acknowledged that negligence was the cause of the injury, both were also reluctant to admit liability for the incident.

Judge Jacqueline Linnane heard the case the the Circuit Civil Court in Dublin. She heard that a total settlement of €19,000 had agreed to be given as a result of the injury sustained by the victim. However, there had yet to be an agreement over who was liable to pay this sum to Thomas as compensation for the injury sustained at Dublin Airport.

The judge heard that the door was timed to close thirty minutes after it was initially opened by one of flight company’s attendants, and that it was working properly in this manner. In reacting to this evidence, Judge Linnane found Aer Lingus responsible for the accident, stating that if more time was required to board all of the passengers safely onto the plane, then it was their responsibility to request that more time be made available to them from the DAA.

Keeping Your Stairs Safe

Most accidents happen at home. This may sound like a cliché but it is true that a lot of accidents happen right at the comfort of your home where you feel that you are at your safest. This is why it is important to take precautions in order to make your home accident free. One of the most common places where accidents often occur is the stairs. In fact, the stairs can be considered as one of the most dangerous places in your home. Injuries that result from falls from the stairs are most likely to be serious and in some cases fatal. For this reason, it is a must to take steps in order to secure your stairs and prevent accidents from happening.

One of the best ways to prevent accidents in stairs is to keep it in tiptop shape. Regularly inspect your stairs for any lose boards or wood. Check for cracks or anything that may weaken the structure. Conduct minor repairs as needed or if the problem is more widespread affecting various parts of the stairs then it is best to contact a handyman to do the repairs for you.

Another way to keep your stairs safe is to place a rug or a mat on every step to prevent it from becoming slippery. Rubber mats are ideal since they are not slippery and can provide traction. In addition, make sure that the steps are constructed as evenly as possible. Some accidents happen because the steps are uneven and some are too far from the other. This could cause a person to miscalculate his steps and fall. If there are toddlers in your home, a good baby rail should be installed on the stairs to prevent the kids from going down the stairs on their own.

The handrails are also a big factor in keeping your stairs safe. Having two handrails than just one is ideal in order to provide ample support as a person climbs up and down the stairs. Furthermore, make sure that the handrails re not to wide to grip and not slippery.

Keeping you stairs free from debris, clutter and liquid spills is also a surefire way to keep it safe. If something was spilled on the stairs make sure to wipe it off completely and get rid of any wet spot. Furthermore, teach your kids to keep their toys away from the stairs as well as other things that may distract your steps. Avoid running on the stairs as much as possible.

If there are older people in the house, a stairs lift will be a good addition to your stairs. Older people may have a lot of difficulties going up and down the stairs. Their legs and knees are now weaker and they might not be able to see the steps well. A large number of individuals who fall from stairs are those from the older groups so putting a stair lift will eliminate the need from them to walk on the stairs. This will prevent them from getting injured due to falls.

See also: http://www.biggerinjuryclaims.co.uk/

 

COURT AWARDS COMPENSATION TO VICTIM OF DOG BITE INJURY

The Dublin High Court has awarded a settlement of €55,000 to the victim of a dog bite as compensation for his injuries.

Joseph Dunne (63) was working as a postman around Kilbeggan, County Westmeath in October 2008. While delivering post to an address in the area, owned by Ms Olive Dalton and Mr Martin Maher,he was attacked the couple’s husky dog that escaped from the rear house through a hole in the hedge. He was knocked flat by the dog, and sustained injuries from its claws and teeth.

Fortunately, the attack was halted when a passer-by hit the dog’s back with a stick. The emergency services were notified, and Joseph was immediately removed from the scene and escorted to hospital.

The victim received a total of twenty-two stitches to injuries spanning the right side of his face. He also suffered nerve damage to the right side of his forehead. Upon removal of these stitches, it was necessary for Joseph to undergo plastic surgery in an attempt to disguise the resultant scars.

Joseph subsequently sought legal advice, and decided to make a claim for compensation against the dog’s owners for negligence. He claimed that the failed to securely enclose the dog in their garden, and also failed to inform An Post of the dangerous dog living on the property.

Mr Maher and Ms Dalton denied any liability for the injuries sustained by the victim, and the claim went to the High Court, where it was heard by Mr Justice Michael Moriarty.

The judge decided in Joseph’s favour, and awarded him €55,000 of compensation for his dog bite injury. The judge went on to comment that he thought Joseph had been courageous in returning to work as quickly as he did, in spite of the frightening nature of the attack.

The dog was put down by a veterinarian the day following the incident.

COMPENSATION FOR INJURIES TO A FOETUS AS A RESULT OF A ROAD ACCIDENT IS AWARDED IN COURT

A settlement of €17,800 has been awarded by the Circuit Civil Court to a fourteen year old girl who suffered respiratory distress syndrome as a results of her mother going into premature labour two days after being involved in a road accident.

Aoife Sheenan was born two days after her mother, Martina, was involved in a collision on Templeroan Road in April, 1999. Neither Martina nor the other driver, Elaine O’Connor, was injured in the incident. However, the shock of the collision allegedly caused Martina to go into early labour at thirty-six weeks. After two days, Aoife was born at Coombe Hospital in Dublin.

Aoife was immediately transferred to the neo-natal unit and placed on a ventilator after suffering respiratory distress syndrome. She remained there, critically ill, for three weeks while being served medication in an attempt to assist with her breathing. Eventually, the prematurely delivered baby was capable of breathing on her own.

On her daughter’s behalf, Martina sought legal advice in order to make a case for compensation for injuries to the foetus. Arguing that had the accident not occurred, Aoife would not have been born premature, and therefore would not have suffered the illness that she did.

Elaine O’Connor’s insurers denied the claim, citing the fact that there was no medical evidence to support the claim that Aoife was born premature as a result of the incident. They also claimed that premature babies were inherently predisposed to respiratory distress syndrome. Therefore, they claimed that Ms O’Connor was not liable for the injuries.

In spite of these challenges, Martina and Aoife’s solicitors pursued with the claim. Judge Matthew Deery heard the case for foetal injuries in a car crash at the Circuit Civil Court. A settlement was agreed upon, and it was negotiated that Aoife would receive €17,800 for her injuries. The compensation is to be paid in court funds until Aoife reaches the age of eighteen years old.

Accidents in Your Apartment Building

Apartment buildings are the most common places to live in. They are practical and comfortable especially when you are living alone. Most working class individuals live in apartment buildings – for one, they find a building that is very near their place of work because it is cheaper than traveling to and from your house. Accidents can happen instantaneously and you’ll never know where it will have caught up with you.

 

Property and building owners are responsible it maintaining a safe and comfortable environment for their occupants. If you got involved or a loved one was injured as a result of an accident in the building’s premises, you can file for a personal injury compensation claim. A good and reputable personal injury lawyer can help you file a case in court.

 

You might experience any of the following that merits a legal case:

 

  • Tripping hazards like dangerous and deteriorating staircases
  • Wet and slippery floors and hallways
  • Cluttered walking areas
  • Falling objects
  • Defective elevators and other facilities
  • Faulty wirings resulting in short circuits
  • Building fires
  • Smoke detectors that are not functioning
  • Building code violations like the absence of emergency exits and lack of fire extinguishers

 

The list can go on, though, because of the many possibilities that might happen.

 

There are two important considerations when it comes to determining the cause and whose fault the accident was. One, building apartment owners have the legal responsibility of making sure that all tenants of all age groups. They have to ensure that the residents and the loved ones who come for a visit are safe and comfortable living in their building.

 

Two, there could also be a case where the tenant or their visitors are responsible for their own injuries. A perfect example: if the tenant descends the staircase using the handrail and gets injured in the process. Or, a tenant causes fire due to negligence such as leaving the flat iron on causing fire.

 

The argument would then be who is liable: the owner or the tenant. Each party can claim that the other caused the accidents. So if you are a tenant and you’re injured, you will have to make sure that you present all the necessary documents and proof that the building owners were at fault. This can be tricky, though. The building owner would definitely defend themselves. Establishing who is at fault will rely on the proof that will be submitted in court.

 

This is important to take note of: the property owner is responsible for the maintenance of the whole apartment building – from maintaining floors and keeping them clean, staircases that do not have sharp or rough edges, to ensuring that the building is safe and secure from burglars and other unscrupulous individuals. The tenant, on the other hand, will have to be responsible for whatever is inside their apartment.

 

The building owner or the landlord has to meet all the legal obligations that are set for them to follow. Just the same, tenants have to know their rights.

 

Apartment buildings are the most common places to live in. They are practical and comfortable especially when you are living alone. Most working class individuals live in apartment buildings – for one, they find a building that is very near their place of work because it is cheaper than traveling to and from your house. Accidents can happen instantaneously and you’ll never know where it will have caught up with you.

 

Property and building owners are responsible it maintaining a safe and comfortable environment for their occupants. If you got involved or a loved one was injured as a result of an accident in the building’s premises, you can file for a personal injury compensation claim. A good and reputable personal injury lawyer can help you file a case in court.

 

You might experience any of the following that merits a legal case:

 

  • Tripping hazards like dangerous and deteriorating staircases
  • Wet and slippery floors and hallways
  • Cluttered walking areas
  • Falling objects
  • Defective elevators and other facilities
  • Faulty wirings resulting in short circuits
  • Building fires
  • Smoke detectors that are not functioning
  • Building code violations like the absence of emergency exits and lack of fire extinguishers

 

The list can go on, though, because of the many possibilities that might happen.

 

There are two important considerations when it comes to determining the cause and whose fault the accident was. One, building apartment owners have the legal responsibility of making sure that all tenants of all age groups. They have to ensure that the residents and the loved ones who come for a visit are safe and comfortable living in their building.

 

Two, there could also be a case where the tenant or their visitors are responsible for their own injuries. A perfect example: if the tenant descends the staircase using the handrail and gets injured in the process. Or, a tenant causes fire due to negligence such as leaving the flat iron on causing fire.

 

The argument would then be who is liable: the owner or the tenant. Each party can claim that the other caused the accidents. So if you are a tenant and you’re injured, you will have to make sure that you present all the necessary documents and proof that the building owners were at fault. This can be tricky, though. The building owner would definitely defend themselves. Establishing who is at fault will rely on the proof that will be submitted in court.

 

This is important to take note of: the property owner is responsible for the maintenance of the whole apartment building – from maintaining floors and keeping them clean, staircases that do not have sharp or rough edges, to ensuring that the building is safe and secure from burglars and other unscrupulous individuals. The tenant, on the other hand, will have to be responsible for whatever is inside their apartment.

 

The building owner or the landlord has to meet all the legal obligations that are set for them to follow. Just the same, tenants have to know their rights.

 

COMPENSATION AWARDED FOR BACK INJURY IN THE WORKPLACE

A woman has been awarded compensation from her employer, the Community Information and Referral Service in the Australian Capital Territory, after her office chair collapsed. She suffered permanent back damage as a result of the accident, which occurred in 2002.

Terry Anne Downie (51) of Canberra, Australia, fell to the floor when the chair collapsed beneath her. Following an investigation into how to chair failed, it was discovered that a plastic moulding at the base of the chair suffered catastrophic failure as a result of two spokes at the base of the chair breaking.

Emergency services were notified and Terry Anne was taken to hospital. After receiving medical attention, scans of her back revealed that as a consequence of the incident, a disc in her spine bulged, causing it to come into contact with a nerve root. She stills suffers sciatica and pain in her lower back to this day.

Workers compensation was granted to Terry Anne from her employer. Terry Anne, due to her continued discomfort, also made a personal injury claim for compensation eleven years after the incident. The claim was made against the company who imported the chair assembly kit from China, Jantom. A further claim was made against the retailer Fyshwick who assembled the chair to sell to her employer.

Both companies denied liability for Terry Anne’s injuries as a results of her workplace accident. However, a judgement was passed down by the Australian Capital Territory Supreme Court that found the import company Jantom and its insurance provider liable to pay Terry Anne Downie a sum of Au$933,030 in compensation for the injury sustained. A further Au$112,000 special damages was awarded to cover the costs of her medical care.

Her employer, the Community Information and Referral Service was also rewarded Au$441,911 as a result of the compensation that had been paid to Terry Anne since her accident.

CIRCUIT CIVIL COURT AWARDS COMPENSATION FOR A BURN INJURY

The circuit civil court awarded compensation of €15,565 to the burn injury victim, a refuse worker, who suffered the injury to his left eye.

The accident occurred in July 2011. Kamil Kozlowski (30), employed by Panda Waste Services Ltd, was emptying bins in Sandyford Road when a hydraulic cable on the back of the rubbish truck burst. Hot oil was sprayed from the burst cable, burning his eye in the process. The emergency services were quickly contacted and he was rushed to the Royal Victoria Eye and Ear Hospital after receiving first aid on the scene. His eyes were rinsed, and a course of eye drops was prescribed.

Despite these measures, the victim suffered continued pain in his left eye after the incident. He also experienced issues with his vision. He decided to seek legal advice, and then sought to make a claim for the injury against his employers.

Although Panda Waste Services Ltd admitted that they were liable for the accident, no agreement could be reached over the amount of compensation the victim was entitled to receive outside of court.  As a result, the case was heard by Judge Alison Lindsay and the Circuit Civil Court in Dublin.

The case was heard in court and, as a result, Judge Lindsay decided that Kamil was entitled to compensation of €15,565 for the injury that he suffered.

Accidents on Ships

Ships are the undisputed kings of the ocean. Constructed at such massive dimensions, they can haul tons of people and equipment across different ends of the seas. Also, they possess a marvelous amount of technology and engineering expertise. But even though these gigantic machines are constructed with nothing less than the best stuff, they can still be prone to accidents. Here are just some of the most common types of accidents on ships.

1. Capsizing- While small boats such as the dinghy and the yacht can be righted even after being capsized to a huge degree, larger sea craft such as ships is not constructed that way. In fact, certain ships only have a certain capsizing angle before it is tilted to a point of no return. When a ship gets capsized beyond this particular angle, the boat would simply lie on its side and sink. There are different reasons why these ships capsize, but the biggest cause (both literally and figuratively) is encountering massive waves.

2. Grounding- This is an accident where the ship’s bottom (particularly its hull) makes contact with a shallow portion of the seabed. Depending on the angle of the hit, the speed of the ship, and the roughness/sharpness of the ground, the damage on a ship’s hull may vary. If the hit sustained is significant enough, the ship will start taking in water and can sink unless something drastic is done. This often happens when the ship crew goes into the docks or the coast the wrong way.

3. Cargo shift- This classification of accidents on ships is a major concern for those operating cargo ships. But the fact is this can also happen in other ships. This happens if the cargo is stowed into the ship in uneven function. If the weight of the ship’s cargo is unbalanced towards one side, the logic is the ship’s balance is shifted towards the heavier side, causing it to tilt and even capsize. This can also happen if the cargo is not secured properly, causing it to get swung towards one of the boat’s sides.

4. Fires- A fire on the ship can take place because of different reasons. It can be caused by mechanical failure. It is also commonly caused by failure in the ship’s auxiliary systems such as the electrical system. It can also be caused by the ignition of explosive material such as fuel and gunpowder. If a fire goes out of control in the middle of the sea, huge casualties is almost always a guarantee.

5. Collisions- The boat making contact to foreign objects at sea is a very common reason for a lot of accidents and wrecks. A ship can make contact with other ships or boats due to reasons such as lack of communication, lack of monitoring technology, or sheer lack of attention by the captain and his/her crew. It’s also possible for these ships to make contact with floating objects such as icebergs, beacons, and oil rigs. Depending on how the collision takes place, these accidents on ships can get ugly in a hurry.

Accidents in Bars

Bars, also known as night clubs, are dangerous for numerous reasons. Primarily, bars are not well illuminated, so you may stumble anywhere and be harmed. Beer bottles could be dropped causing broken, sharp glass or spillage on dance floors and walkways. There are also bars that are not well maintained with cluttered cables from vending machines, loose carpets or unsafe floorings. Also, most people are intoxicated from alcohol, so they can easily infuriate with the slightest trigger. These things could be dangerous to your safety, since anyone can suffer injuries from accidents or criminal assaults.

It is proven that the food and beverage sector, of which bars are included have 25% more occurrence of accidents for trips, falls and slips compared to other kinds of injuries. These accidents may usually result in dislocated bones, fractures and injuries to the head. Most of these injuries are caused by wet walkways, which could be prevented if the bar owners implement proper safety measures.

The best way to avoid any kind of bar accident is to totally avoid visiting them. However, if you want to have fun, do it safely, Be sure that the bar you want to visit has preventive measures to avoid any kind of accident.

However, if still you had met some kind of accident in bars, you must claim for compensation, particularly if you are not in fault. If you have been injured as a result of bar accident, you can still claim for personal injury. You have a good chance to win your claim if you can prove that the condition of bar premises was the main reason of the accident such as wet walkways without any clear sign, broken glasses on the floor, insufficient safety measures and many more.

You can also claim compensation since a bar is a public place. Similar to any kind of establishment that is open for the public, the bar owner has the responsibility to ensure the safety of their visitors. This means that they must perform necessary actions to protect their patrons from any injury. That is why many bars in Ireland are recommended to purchase public liability insurance.

 

A bar is at fault for a slip accident if the bar owner failed to:

 

  • Employ enough staff so spills, broken glasses could be responded instantly
  • Install safety floor coverings, particularly if the floor is in poor condition
  • Install adequate lighting fixtures on stairs or other areas posing safety risks
  • Act upon cluttered obstacles such as electric cables
  • Replace old furniture that can cause injury to visitors
  • Install protective edges on stairs and danger-prone areas in the bar
  • Install safety bars for visitors with special needs

 

Another kind of bar accident that you can claim for personal injury compensation is the harm caused by their staff like bouncers and waiters. In a bar, there is a high chance that people could become more susceptible to violence if they are under the influence of liquor. Being harmed because of an assault inside the bar is basically categorized as a criminal offense. Just be sure that you are not to blame for your own injury.

 

Compensation Awarded for Stairs Accident

A maintenance officer has had a personal injury claim awarded for a stairs accident after the injuries he sustained forced him into early retirement.

The unnamed 61-year-old from Wakefield in West Yorkshire injured his back when he fell down stairs at West Yorkshire Police Headquarters in November 2008.

 As a result of the injuries he sustained the victim was unable to lift without feeling pain. The judge found in favour of the victim and awarded the claimant £17,000 in injury compensation for a stairs accident.

Compensation Claims Against MoD Cost £17 Million

A Freedom of Information Act request has provided figures that show compensation claims against the MoD (Ministry of Defence) cost £17 million during 2012.

Out of the 137 accidents reported, slips and trips on Ministry of Defence property and injuries sustained in MoD kitchens were the most common compensation claims against MoD.

Overall the amount of compensation paid by the Ministry of Defence in 2012 was an 8 per cent increase on 2011.

 

See also: http://www.biggerinjuryclaims.co.uk/

Plumber Awarded Compensation for Injury

A plumber has been awarded €6,750 in work injury compensation after he broke his ankle when he tripped over a stray wire at Dun Laoghaire Golf Club.

The Circuit Civil Court heard how Barry McGrath from Fingals in Dublin was leaving the premises after finishing work in May 2010 when the accident occurred.

Unable to work Mr.McGrath sought compensation for his injury and although the managers of the site Cosgraves Developments denied liability, Mr Justice Raymond Groarke found in the claimant’s favour.

Former Miss Ireland Awarded Compensation for Fall

A former Miss Ireland has been awarded €13,150 in compensation after she fell on a travelator at Superquinn Shopping Centre in December 2007.

Nuala Holloway Casey (60) from Blackrock in Dublin sustained an ankle injury after she caught the heel of her shoe on the moving walkway. The Circuit Civil Court heard how Ms Holloway Casey had to give up tennis as a result of her injury.

Although the defendants Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited admitted liability for her injuries, the amount of compensation she was entitled to claim was disputed as she did not visit a doctor about her injuries until 10 days later and also due to the fact that her injury was exacerbated by a separate fall in 2009.

After reviewing the evidence Judge Barry Hickson awarded the claimant €12,000 in compensation along with an additional €1,250 in expenses.

Compensation Claim for Ryanair Injury Settled

A woman has settled her compensation claim for falling down the steps of a Ryanair plane for an undisclosed sum.

Malgorzata Jeneralczyk (57), from Poznan, Poland slipped on the wet steps of a plane as she was disembarking it at Dublin airport.

She suffered a laceration to her left eyebrow and bruising to her body as a result of the fall. Ms Jeneralczyk sought legal advice and made a compensation claim against Ryanair for what she believed was a failure by the company to provide a passenger with safe transit. Ryanair disputed the claim but shortly before the hearing was due to begin, the court heard the claim had been settled.

Compensation Agreed for Child Injured in Baseball Game

A child who suffered permanent brain damage as a result of an injury sustained while playing baseball has been awarded 14.5 million dollars in compensation in an out of court settlement.

 Steven Domalewski was twelve years old when the accident occurred in 2006; he was hit in the chest so hard with a baseball that he suffered a cardiac arrest. He was successfully revived but sustained severe brain damage after his brain was starved of oxygen.

His family initiated a compensation claim on his behalf alleging that the metal baseball bat used to strike the ball that caused his injury should not have been allowed in a children’s game. Little League Baseball denied liability for the injury arguing that the baseball bat was safe to use.

However solicitors for the family argued that when Little League Baseball reduced the strength of the metal bats to bring them in line with the wooden bats used in games, there was an eighty per cent reduction in pitcher injuries.

The case was due to begin at the State Superior Court in Passaic County when it was announced that compensation had been agreed between the two parties.

Baby Seat Recall in America

Baby chairs manufactured by Bumbo have been recalled by the American Consumer Product Safety Commission following concerns about their safety. The chairs are sold in Ireland by various retailers and are popular for babies aged between 3 and 10 months.

The chairs have been found to be unstable when used by active children and serious injuries have sustained by children when the chairs have been rocked from side-to-side or leant backwards

Parents in Ireland have been advised to avoid sitting their children in the chairs until they have received a restraint from the vendor that sold them the chair. The recall does not apply to Ireland at the moment but if your child has suffered an injury as a result of the chair you are advised to speak with a personal injury solicitor as you may be entitled to compensation.

Compensation Approved for Tricycle Injury

The High Court has approved a compensation settlement of €100,000 for a child who suffered head and leg injuries after being hit by a car while on his tricycle.

Bartosz Zakrzewski from Birr, County Offaly was cycling along An Coran Street in Birr when a car driven by Caitríona Kelly hit the boy throwing several meters from his tricycle. He sustained head injuries, cuts and lacerations to his body as well as a broken leg. Bartosz Zakrzewski was just nine-years-old when the accident occurred in July 2010.

Claiming on behalf of her son, Monika Zakrzewski argued that Ms Kelly had breached her duty of care. Ms Kelly denied this and the case was set to be heard by the High Court, however an agreement to settle Bartosz´s claim for tricycle injury compensation was reached without the negligent party admitting to liability and Ms Justice Mary Irvine approved the settlement.

Court Approves Compensation for Toy Shop Accident

A five-year-old girl left with permanent scarring as a result of an child accident while visiting Hamley’s toy store has had had her compensation settlement for the injury she sustained approved by Mr Justice Matthew Deery at the Circuit Civil Court.

Brianna Healy from Ballinteer, Dublin fell and hit her head in the store on the 23rd February 2009 when she was just two-years-old, leaving her with a facial scar for the rest of her life.

As the family had not been satisfied with the store’s original offer of compensation, they had sought legal advice and in the end received a revised offer of € 27,500 which they were happy to accept and which Mr Justice Matthew Deery approved.

See also: https://www.uk-personal-injuries.co.uk/

Slips, Trips and Falls the Most Common Reason for Seeking Compensation

Slips, trips and falls are the most common reasons for pursuing work injury compensation in Ireland according to figures released by the Injuries Board.

The figures show that €22,500,000 was assessed by the board in 2011 in relation to work injury claims. Many of the injuries suffered were also due to poor manual handling practices and the use of defective equipment.

The amount marks a fall from the figure assessed in 2010 but InjuriesBoard.ie chief executive Patricia Byron did not agree that workplace health and safety in Ireland was improving saying, ‘While our figures point to a downward trend in the number of claims for workplace accidents, the main driver for this is a contracting workforce rather than any notable advances in workplace health and safety programmes’.

Compensation Settlement Approved for Child Accident Victim

A young Dublin boy has had a compensation settlement of €17,500 approved by the Circuit Civil Court for a traffic accident. Six-year-old Warren Lavelle of Tallaght, Dublin was knocked down by a van while playing near his home when he was just three years old on July 13th 2008. He sustained head injuries in the incident and as a result was left with a permanent scar on his head.

John Connors, also of Tallaght, Dublin was the driver of the van and he admitted responsibility for the incident. Judge Jacqueline Linnane approved the compensation settlement.

See also: https://www.uk-personal-injuries.co.uk/special-damages

 

Shopping Centre Agrees Settlement with Teen

A Dublin teenager has had a compensation settlement of €36,800 approved by the Circuit Civil Court.  Michael Hogan (16) of Firhouse, County Dublin suffered severe lacerations to his thigh when climbing over a car park fence in a supermarket in 2006 when he was 11 years old.

He caught his leg on a protruding nail, leaving him with a serious gash at the F Firhouse Shopping Centre. The injury left him with a permanent scar on his thigh. The owners of Firhouse Shopping centre – Colverton Limited – accepted responsibility for the injury and Mr Justice Matthew Deery approved the settlement directing that the amount should be invested in court funds until Michael´s 18th birthday in March 2015.

Dublin Bus Admit Liability for Injury to Woman

A woman has been awarded €121,493 after she sustained spinal injuries when she hit her head on the roof of the bus she was travelling in after it drove over a speed ramp too quickly. Ciara Whelan (23) from Drumcondra, Dublin sustained the injury in April 2006 as the bus drove through Connolly Memorial Hospital.

Ciara was admitted to hospital where she spent 8 days being treated for a crush fracture of the L3 lumbar vertebra.  The High Court heard how she had to wear a neck brace for three months and still suffers from back pain.

Dublin Bus admitted liability for her injuries leaving Mr Justice John Quirke to determine the value of her compensation claim.

Woman Compensated for Hair Colouring Accident

A woman from Galway has been awarded €45,000 after her hair was ruined following a hair colouring treatment at a Galway hair salon. Aileen Dunleavy (40) from Salthill, County Galway claimed for compensation against Hair Republic of Galway when her hair began to fall out following a visit to the salon in March 2007.

Ms Dunleavy claimed that the stylist failed to inform her about the effect the hair colouring treatment may have on her and that it was applied by a stylist who was not sufficiently qualified to do the job required. The High Court heard that the claimant who is works as an artist and painter, suffered emotional trauma as a result of the injury.

Mr Justice Iarfhlaith O´Neill awarded her €45,000 in damages stating that the salon was completely at fault for the accident.

Boy Awarded Damages for Fall

A Dublin boy has been awarded €20,000 in compensation after he sustained serious cuts when he fell on broken glass in a laneway.

Christopher Connors of Rathfarnham, Dublin had been playing soccer near his home on October 2009 when he fell on broken glass and suffered a laceration to his left arm. The Circuit Court heard how he required surgery on his arm and that South Dublin County Council were responsible for keeping the halting site where he lived clean and safe.

As a result of the injury, the boy may suffer problems with his arm later in life. Judge Deery approved Injuries Board assessment of damages of 20,000 Euros and a further 1,206 Euros in special damages.

Road Accident Victim Awarded Whiplash Compensation

A man has been awarded almost €16,000 in compensation after he claimed that his weight loss program had been affected by injuries he sustained in a car crash.

Declan O’Hora (45) of Blessington, County Wicklow sustained injuries to his neck and shoulders in the accident which occurred in October 2008. He claimed that as a result of the injuries he was unable to continue with swimming exercises that helped with his weight loss.

The driver of the other vehicle – Brian Duggan of Knocklyon, County Dublin – had admitted that he was responsible for the accident leaving Justice Matthew Deery to determine the amount of compensation to be awarded for the accident.

Compensation Approved for Girl Bitten By Dog

A girl has had her personal injury settlement of €5,500 approved by the Circuit Court after she was bitten by a dog during a family holiday in Dublin. Ciara Hill (12) was attacked by a dog owned by the Finnstown House Hotel, County Dublin while she was staying there in July 2007.

Claiming on her daughter’s behalf, the child’s mother said the incident had left her daughter traumatised. As with all settlements involving those aged under 18, it had to be first approved in court before payment could be made in accordance with the law. Approving the settlement the judge observed that her injuries had healed quickly and were not significant.

Teen Awarded €40,000 for fall

A Dublin teenager who suffered serious injuries to his left hand that required extensive surgery at Temple Street Children’s Hospital has been awarded €40,000 in the High Court due to Dublin City Council’s failure to clear broken glass from a public footpath outside his home.

The accident occurred in 2001 when Nathan Clarke of Ballymun, County Dublin was aged seven-years-old. The child accident claim against Dublin City Council was made on behalf of Nathan by his father Joseph Clarke and the High Court found in favour of the claimant.

Judge Dismisses Whiplash Claim

A woman who was seeking €410,000 in damages for a loss of earnings as a result of injuries sustained in a car accident has had her claim dismissed by Mr Justice John Quirke. The judge it was likely the claimant gave misleading evidence regarding her injuries and capacity to work.

Mary Farrell of Finglas South, County Dublin claimed she suffered whiplash injuries which left her incapacitated after she was involved in an accident with one of the Dublin Bus fleet on June 14th 2004 at the junction of North Circular Road and Dorset Street.

Dublin bus presented evidence to court showing Ms.Farrell mowing her lawn, seemingly unaffected by her injuries, the company also had evidence that she enjoyed a very comfortable lifestyle which was at odds with her claim for a loss of earnings.

Mr. Justice Quirke was left with no alternative but to dismiss the case.

Family Awarded Compensation After Woman Killed in Crash

The family of a woman who was killed in a car driven by a drunk driver have been awarded €506,000 in damages by the High Court. Bridget O’Reilly of Ballybeg, Waterford was 42-years-old when she died as result of a head-on collision due to the fact that the driver of the car she was a passenger in, was drunk.

Mrs O’Reilly’s husband Edward O’Reilly made the compensation claim and the court heard how the drunk driver of the car Frank Prendergast of Tallaght, County Dublin lost control of the vehicle and crashed into another car.

The accident occurred at Powerstown, County Carlow in July 2002, Mrs O’Reilly leaves behind a husband and nine children.