Personal Injury Compensation

Public Liability Injury Compensation

Public liability injury compensation compensates you when you have been injured in an accident or developed an illness in a place of public access. The term “public access” covers multiple locations. For example, if you are injured tripping over a raised paving slab in the street, injured slipping on water in a public library, or injured in a supermarket car park, these would all be examples of when it may be possible to claim public liability injury compensation.

In order to successfully make a public liability injury compensation claim, it has to be shown that the party responsible for the hazard which caused your injury was negligent and in breach of their duty of care. However, most defendants in a public liability injury compensation claim do not have an “absolute” duty of care. This means that if you slipped on water in a public library that had been spilt just moments before – and the library staff had not had the opportunity to remove or isolate the hazard – they may not be considered liable for your injury.

Because of the grey areas involved in making claims for public liability injury compensation it is recommended that – if you have been hurt in an accident in a place of public access – that you call our Legal Advice Centre and discuss your accident and injury with an experienced public liability solicitor. Our solicitor will be able to give you practical advice about making a claim for public liability injury compensation that is relevant to your circumstances, without any obligation on you to proceed with a claim.

Judge Awards Compensation for a Hotel Slip and Fall Injury

December 30th, 2016. By Compensation News.

A judge has awarded a woman €56,250 compensation for a hotel slip and fall injury after reducing the award by 25 percent to account for her own lack of care.

The claim for compensation for a hotel slip and fall injury was made by a businesswoman from Kinsale in County Cork, who had been staying at the Herbert Park Hotel in Ballsbridge, Dublin, in August 2014. The woman had been attending the Dublin Horse Show at the RDS and, on the final day on the show, decided to leave early as it was raining and she had a long drive home.

However, as she tried to drive her car out of the hotel car park, the barrier failed to raise. The woman rushed back into the hotel lobby through the emergency doors to check with reception whether her parking ticket had been validated. However, as entered the reception area, she slipped on the wet floor and fell – sustaining a triple fracture of her left ankle.

The woman was taken by ambulance to St Vincent´s Hospital by ambulance, where she underwent surgery to set her ankle. The ankle was protected with a plaster cast when the woman was discharged, but she cannot now walk long distances without experiencing pain, and is more likely to develop arthritis in the fractured ankle on the years to come.

The woman applied to the Injuries Board for an assessment of compensation for a hotel slip and fall injury, but the two alleged negligent parties – the Herbert Park Hotel and its management company Sheelin McSharry (Ballsbridge) Ltd – declined to consent to an assessment being conducted. The woman was subsequently issued with an authorisation to pursue her claim in court.

At the hearing at the Circuit Civil Court, Mr Justice Judge Groarke was told that the hotel floor was usually well maintained, but became slippery when guests walked over it with moisture on their shoes. An expert witness for the plaintiff testified there was no mat placed by the emergency doors to absorb any moisture and that a mat placed there would have prevented the accident from happening.

The Herbert Park Hotel and Sheelin McSharry (Ballsbridge) Ltd argued that, had the injured guest used the main hotel doors as she was supposed to, the accident would not have happened because the floor in that area was protected from moisture with a mat. They also alleged that she contributed to her accident and injury by rushing and not paying proper attention to her environment.

Ultimately Judge Groarke found in the woman´s favour. He said this was an accident waiting to happen and that the plaintiff had sustained “a very nasty and extremely serious injury”. The judge also agreed that the plaintiff had displayed an element of contributory negligence and, after initially awarding the woman €75,000 compensation for a hotel slip and fall injury, he reduced the award by 25 percent to account for her own lack of care.

Pensioner Awarded Compensation for a Trip and Fall in Dunnes Stores

July 10th, 2015. By Compensation News.

A seventy-seven year old pensioner has been awarded €137,000 compensation for a trip and fall in Dunnes Stores at the High Court in Cork.

Bernadette O´Leary´s accident happened on 2nd July 2013 while she was shopping at her local Dunnes Store in Clonakilty in Cork. Bernadette was looking for a waterproof canopy in the store that would protect her stall from the rain at the weekly farmers market where she sold homemade cakes.

Bernadette found a gazebo in the store that she thought might be suitable and she asked a shop assistant whether or not the gazebo was waterproof. The shop assistant did not know, but said he would find out and asked Bernadette to follow him.

As Bernadette followed the shop assistant into the next aisle, she tripped over a fold-up deckchair that had been left on the floor waiting to be placed on a display shelf. Bernadette broke her hip when she fell and was taken to hospital by ambulance.

When she had recovered sufficiently to be allowed home, Bernadette made a claim for compensation for a trip and fall in Dunnes Stores – alleging that the fold-up deckchair left in the aisle presented the risk of a trip and fall injury and was contrary to Dunnes Stores´ own safety policy.

The company denied liability for Bernadette´s broken hip and argued that she was not entitled to compensation for a trip and fall in Dunnes Store because she should have taken more care when she entered the aisle and looked where she was going.

Because of the denial of liability, the Injuries Board was unable to assess Bernadette´s claim, and she was issue with an “Authorisation” to pursue compensation for a trip and fall in Dunnes Store in court. The case was heard at the High Court in Cork this week by Mr Justice Henry Abbot

Judge Abbot was shown a CCTV video of Bernadette´s accident and agreed with Bernadette´s counsel, who said “the defendant had invited the plaintiff into the path of a hazard on which she fell and was injured”. The judge found in Bernadette´s favour and awarded her €137,000 compensation for a trip and fall in Dunnes Stores.

Claim for an Injury due to Glass on a Playing Field Resolved in Court

May 25th, 2015. By Compensation News.

A teenager´s claim for an injury due to glass on a playing field has been resolved at the Circuit Civil Court with the approval of a revised settlement.

In June 2012, fifteen year-old Rhian Holohan from Kentstown in County Meath was playing in goal for Kentstown Rovers FC in a Dublin Women´s Soccer League match against Ayrfield United FC. As she dived to attempt a save, Rhian cut her knee on a piece of broken glass that was on the surface of the playing field.

The game was stopped in order that Rhian could receive first aid treatment, and she was taken to Our Lady of Lourdes Hospital in Drogheda where her knee injury was cleaned professionally and sutured under anaesthetic. Because of the depth of the cut, Rhian experienced several months of pain and swelling, and had to use crutches for support.

Rhian was also unable to play football for several months, and she now has a visible 1.5 cm circular scar on her knee to remind her of her injury. Through her mother, Rhian made a claim for an injury due to glass on a playing field against Dublin City Council, the Trustees of Ayrfield United FC and the Trustees of Dublin Women´s Soccer League.

Liability for Rhian´s injury was accepted by the three defendants and a settlement of €22,000 was negotiated. As the claim had been made on behalf of a minor, the settlement of the claim for an injury due to glass on a playing field first had to be approved by the court; and consequently the circumstances of Rhian´s accident and injury were related to Mr Justice Raymond Groarke at the Circuit Civil Court.

Judge Groarke considered the negotiated settlement settlement inappropriate to the level of Rhian´s injury, and he asked the parties to consider a higher settlement. Following further negotiations between the parties, the offer of settlement was increased to €30,000. Judge Groarke approved the revised settlement on Rhian´s claim for an injury due to glass on a playing field.

Claim for a Fitness Club Swimming Pool Accident Settled at Hearing

May 13th, 2015. By Compensation News.

A claim for a fitness club swimming pool accident has been settled at a Civil Circuit Court hearing, after which the plaintiff was awarded €30,000 compensation.

Timea Babos (30) – a hotel supervisor from Dublin – was on her second visit to the West Wood Club on 13th November 2011, when she decided to go for a swim after coming out of the sauna. A competent swimmer, Timea dived straight into the fitness club´s swimming pool. However, the depth of the pool was only 1 metre 35 centimetres and Timea hit her face on the bottom of the pool when she dived in – breaking her two upper front teeth.

As there was nobody around the swimming pool area to help her, Timea completed an accident report form at the reception of the fitness club and – her mouth still bleeding from the accident – sought medical treatment for her injuries. Her doctor stopped the bleeding and prescribed painkillers, and – two weeks later – Timea flew to Hungary to have crowns fitted to her broken teeth.

On her return to Ireland, Timea consulted with a solicitor and made a claim for a fitness club swimming pool accident, alleging that the West Wood Club had breached its duty of care by having no signs displayed warning her of the depth of the pool or a lifeguard on duty to prevent her from diving in. Her solicitor also arranged for a forensic engineer to inspect the safety of the fitness club swimming pool.

The West Wood Club contested the claim for a fitness club swimming pool accident. It argued that Timea was liable for the cause of her accident because she had dived into the pool without checking the depth of the water. With liability denied, the Injuries Board issued Timea with an authorisation to pursue her claim for a fitness club swimming pool accident through the courts.

At the Circuit Civil Court, Judge Jacqueline Linnane was told by the forensic engineer that there were inadequate markings around the perimeter of the pool to warn guests of the shallow depth of water. He also commented that the swimming pool was unusual in design as it had no deep end and was a constant depth throughout.

The judge dismissed the West Wood Club´s argument that Timea had contributed to her accident and injury through her own lack of care and awarded her €30,000 compensation in settlement of her claim for a fitness club swimming pool accident.

Court Hears Evidence in Hotel Slip and Fall Injury Claim

April 15th, 2015. By Compensation News.

The High Court has been hearing evidence in the first day of a hotel slip and fall injury claim made after a man slipped and hurt his shoulder on Easter Sunday 2009.

Benjamin Stanley (67) slipped and fell on Easter Sunday on his way to visiting the bathrooms at the Castle Arms Hotel in Durrow, County Loais, after escorting his dancing partners to their car. Unaware that he had torn a tendon in his shoulder, Benjamin continued to enjoy the rest of the evening´s entertainment before driving himself back to his home in Birr, County Offaly.

During the night, the pain in his shoulder worsened, and Benjamin needed to call a doctor. When the torn tendon in Benjamin´s shoulder was diagnosed, he had to undergo surgery to repair the injury – after which he sought legal advice and made a hotel slip and fall injury claim; alleging that the hotel had failed to monitor the condition of the floor and remove hazards.

The owner of the hotel, Seosamh Murphy, and the hotel´s licensee denied that they were liable for Benjamin´s shoulder injury – arguing that the floors of the hotel were inspected every two hours and that Benjamin caused the accident by rushing to the bathroom. Unable to assess Benjamin´s hotel slip and fall injury claim – the Injuries Board issued an Authorisation for Benjamin to take his claim to court.

The hearing of Benjamin´s hotel slip and fall injury claim started yesterday before Mr Justice Anthony Barr. The circumstances of Benjamin´s accident and injury were related to the court before Benjamin took the witness stand to deny allegations that he had been rushing to the bathroom because he had been drinking too much.

Benjamin testified that he definitely felt something beneath his shoe as he slipped, and it was whatever was on the floor that was the direct cause of his injury. Unable to resolve the hotel slip and fall injury claim in a single day, Judge Barr adjourned the hearing and the case continues.

Judge Approves Compensation for Injuries in Car Park Accident

February 2nd, 2015. By Compensation News.

A High Court judge has approved a €1 million settlement of compensation for injuries in a car park accident in favour of a man who allegedly suffered a brain injury in a fall.

On December 10, 2007, James O´Sullivan (32) was walking through the Muddy Hill Car Park in Mallow, County Cork, when he tripped on a base unit supporting the fence at the boundary of the car park and fell between 12 and 20 feet onto wasteland below.

James – also from Mallow in County Cork – was taken unconscious to Mallow General Hospital before being later transferred to Cork University Hospital for treatment to a head injury. Since the accident, James alleges he has suffered a profound neurological impairment which includes forgetfulness, post-traumatic epilepsy and post-traumatic stress disorder.

After seeking legal advice, James claimed compensation for his injuries in the car park accident on the grounds that a lack of lighting at night made the car park unsafe and dangerous, and that he had been unnecessarily exposed to the risk or injury, damage and loss.

The four defendants against whom the claim for compensation was made – Mallow Town Council, Denis Murphy, Kilpatrick Civil Engineering Ltd, and Groundworks – each denied their liability for James´ accident and contested the extent of his injuries.

The case proceeded to the High Court, where it was heard before Mr Justice Kevin Cross. Despite the four defendants not admitting to liability, the judge heard that an offer of settlement had been made amounting to €1 million compensation for injuries in a car park accident and that James was prepared to accept it.

The judge approved the €1 million settlement – saying it was a good one in the circumstances as there was a risk that, if the case proceeded and the defendants´ contention was accepted, James might not receive such a substantial settlement of compensation for injuries in a car park accident.

Judge Orders Charitable Donation Settlement after Animal Injured Child at Zoo

October 16th, 2014. By Compensation News.

A judge at the Dublin District Court has ordered the Zoological Society of Ireland to make two charitable donations after an animal injured a child at the zoo in Phoenix Park.

On 8th August 2013, a party of adults and children were allowed into the Brazilian tapir enclosure in Phoenix Park Zoo under the supervision of a zoo-keeper. Unfortunately, while the party were inside the enclosure, one of the tapir´s became agitated and attacked a two-year-old toddler and her mother when she tried to defend her daughter.

The young girl was taken to Temple Street children´s hospital, where she was treated for stomach and arm injuries. Her mother also received medical treatment for injuries she sustained while trying to defend the toddler from the animal which injured her child at the zoo.

An investigation into the incident was launched by the Health and Safety Authority (HSA) which revealed that the visit to the tapir enclosure should not have been allowed according to a risk assessment conducted in 2006.

The HSA prosecuted the Zoological Society of Ireland with a breach of the 2005 Safety, Health and Welfare at Work Act, to which the Society pleaded guilty when the case came before Judge John O´Nell at the Dublin District Court.

The judge heard a statement read out in court by a representative of the Zoological Society of Ireland, in which the zoo apologised for the injuries sustained by the toddler and her mother, and which informed the judge of health and safety measures that had been implemented to prevent a repeat of when the animal injured the child at the zoo.

Judge O´Neill said that he would put the Zoological Society of Ireland on probation, provided that it made two charitable donations to LauraLynn Children’s Hospital and the Jack and Jill Foundation of €2,500 each. Subject to the payments being made by December 8th, the judge said that no conviction would be recorded against the Zoological Society of Ireland.

It is understood that the parents of girl hurt in the incident do not intend to make a claim for injury compensation against the Zoological Society of Ireland.

Injury Compensation for Refuse Lorry Accident Awarded in Court

August 22nd, 2014. By Compensation News.

A County Wicklow man has been awarded almost €5 million injury compensation for a refuse lorry accident which left him with a fractured skull.

Padraig Hearns (39) – a former Mr Ireland – was having a night out in Dublin on 23rd April 2007, when he was attacked in the city´s Temple Bar area and left lying in the road on Sycamore Street. As Padraig lay on the cobbled street, he was run over by a Dublin City Council refuse lorry and suffered a fractured skull, broken arm and eye injuries.

Padraig from Hollywood in County Wicklow was taken to hospital by ambulance, where he was put into an induced coma. He remained in hospital for several months and underwent several surgeries for his injuries; however, due to the brain damage he suffered in the accident, Padraig – who used to work for British Airways as a first class air steward – will never be able live an independent life or work again.

On Padraig´s behalf, his parents made a claim against Dublin City Council for injury compensation for the refuse lorry accident. Dublin City Council denied its liability for Padraig´s injuries and said that the refuse lorry operators could not be held responsible for Padraig being attacked or lying in the road in front of their lorry.

With no agreement reached, the case went to the High Court where it was heard before Mr Justice Michael Peart. Judge Peart was told that Dublin City Council had broken its own by-laws – implemented just three months earlier – by collecting rubbish in Temple Bar between the hours of 12:00pm and 6:00pm and that, had they not done so, Padraig would not have suffered such tragic injuries.

Judge Peart also noted that the operators of the refuse lorry had a duty of care to have one of their team outside of the lorry moved from premises to premises to ensure it was safe to do so. The judge considered that the refuse lorry operators had breached their duty of care by failing to do this and, if they had, they would have seen see Padraig lying in the path of their vehicle.

The judge awarded Padraig €4,885,888 injury compensation for the refuse lorry accident, which included €266,341 for loss of earnings, €350,000 for past and present pain and suffering, €155,230 for care expenses to date, and €3,485,000 for care expenses in the future. Legal costs were awarded against Dublin City Council.

Claim for Injury in Nightclub Accident Resolved after Court Hearing

June 26th, 2014. By Compensation News.

A woman´s claim for an injury in a nightclub accident has been resolved after a hearing at the Circuit Civil Court in Dublin.

Rita Walsh (64) from Tallaght in Dublin made her claim for an injury in a nightclub accident after tripping over a step as she made her way to the toilets as the Level 4 Nightclub at the Abberley Court Hotel in Tallaght was closing at 2:00am on the morning of 4th April 2010.

Rita claimed in her action against White Bay Limited – which trades as the Abberley Court Hotel – that as soon as the DJ stopped playing music, all the lights had gone out and she could not see a dimly illuminated step. Rita tripped over the step and fell heavily – badly injuring her shoulder.

White Bay Limited denied their liability for Rita´s shoulder injury, and said that the club was adequately lit; however, a forensic engineer gave evidence at the court hearing that the overall lighting was inadequate to clearly identify the step in question, and that recessed lighting in the step only made it visible from the opposite direction in which Rita was walking.

Judge Alan Mahon accepted the forensic engineer´s evidence of the lighting as accurate, and although not agreeing with Rita´s allegations that the nightclub was “pitch black”, he said it was more likely that the management of the Abberley Court Hotel had only illuminated the nightclub after her accident and not while patrons were leaving as had previously been claimed.

The judge also said that Rita must take some of the responsibility for her accident, as she had been drinking alcohol with her daughters at the nightclub and previously at a local Chinese restaurant. He assigned Rita 20% contributory negligence and reduced the settlement of her claim for an injury in a nightclub accident from €22,000 to €17,600.

Girl´s Claim for a Head Injury in Tesco Resolved after Court Hearing

May 14th, 2014. By Compensation News.

A girl´s claim for a head injury in Tesco due to a slip and fall on a wet floor has been resolved after a hearing at the Circuit Civil Court.

Nine-year-old Angela Prendergast from Kilcoole in County Wicklow was shopping with her mother in the local branch of Tesco Express in September 2010, when she slipped on a wet floor and fell – banging her head against a metal freezer cabinet and sustaining a cut to her forehead.

Angela – who was only six years old at the time of the accident – received First Aid from a member of staff, before her mother – Ann Prendergast – took her to hospital where the wound was cleaned and stitched with glue. Despite the prompt attention to her head injury in Tesco, Angela still has a 2-centimetre scar on her forehead.

Through her mother, Angela made a compensation claim for a head injury in Tesco; and Tesco Ireland Ltd made an offer of €18,000 in settlement of the claim after admitting their liability for Angela´s accident. However, before the claim could be completely resolved, the settlement had to be approved in court as the claim had been made on behalf of a child.

Consequently, Mr Justice Matthew Deery at the Circuit Civil Court in Dublin heard the circumstances of Angela´s accident and the offer of compensation in settlement of Angela´s claim for a head injury in Tesco. After inspecting the scar on Angela´s forehead, Judge Deery approved the settlement.

Injury Compensation for Lacerated Finger Approved in Court

April 9th, 2014. By Compensation News.

The Circuit Civil Court has approved a settlement of injury compensation for a lacerated finger for a nine-year-old girl from Dublin.

At the Circuit Civil Court in Dublin, Court President Mr Justice Raymond Groarke heard how Naoise Walsh from Bluebell in Dublin was shopping in the Debenhams store in Henry Street with her mother, when the two stopped in the store´s café for a drink and a rest.

Naoise (who was six-years-old at the time) went to take a drink from one of the fridges in the café but, as she did so, her finger became trapped in the wire mesh of the shelf on which the drink was stacked and as she tried to pull it away, she lacerated it badly.

An ambulance was summoned, and Naoise was taken to the Children´s Hospital in Temple Street, where her injury was cleaned and her finger dressed. The following day, Naoise underwent a general anaesthetic so that her injury could be examined for tendon damage; however none was found and Naoise was allowed home the same evening.

Through her mother – Amy – a claim for injury compensation for a lacerated finger was made on Naoise´s behalf against Debenhams Retail Ireland Ltd. The company acknowledged their part in Naoise´s injury, and the two parties agreed a settlement of €10,000 injury compensation for a lacerated finger.

However, before the claim for a lacerated finger injury could be concluded, the settlement had to be approved by a judge: and therefore Mr Justice Raymond Groarke was told the circumstances of how Naoise sustained her finger injury – and that Debenhams was not contesting the claim – before approving the settlement of injury compensation for a lacerated finger.

Claim for an Accident on Public Transport Premises Resolved in Court

February 5th, 2014. By Compensation News.

A woman´s claim for an accident on public transport premises has been resolved after a hearing at the High Court in Dublin.

Ciara Morgan from Kentstown in County Meath claimed to have sustained a broken ankle and a back injury due to slipping on ice at Connolly Station in Dublin on 10th December 2010, when she was returning from a Christmas shopping trip in Belfast with her mother.

In her action against Irish Rail, Ciara said that the platform at which the train stopped had been exposed to the elements throughout the day and the railway company had failed to grit the platform, clear the snow before it had compacted, or give any warning of ice on the platform.

Irish Rail acknowledged its liability for Ciara´s broken ankle, but contested the amount that was being claimed – arguing that the back problems Ciara claimed to have developed as a result of her accident were unrelated to her accident on public transport premises.

Consequently, the Injuries Board issued thirty-two year old Ciara with an Authorisation to pursue her claim in court, and the compensation claim for an accident on public transport premises was heard at the High Court before Ms Justice Bronagh O’Hanlon for the assessment of damages only.

At the High Court the judge heard how, after the slip and fall accident, an Irish Rail worker had tried to assist Ciara by placing her in a shopping trolley – which had subsequently toppled over as he tried to manoeuvre it on the icy conditions.

Judge O´Hanlon also heard evidence that Ciara´s broken ankle prevented her from returning to her job as a clerical assistant at the Health Service Executive work for eight weeks, but that her ongoing back injury prevented her from wearing high heels or being able to pick up her young child.

The judge awarded Ciara €50,000 in settlement of her compensation claim for an accident on public transport premises after Ciara told her “I will never get that Christmas back when my first child was three years of age. It was a horrible time for all my family.”

Woman Resolves Legal Action against Hairdresser Out of Court

January 16th, 2014. By Compensation News.

A woman, who needed medical attention for an allergic reaction to a hair treatment, has resolved her legal action against her hairdresser out of court.

Grainne Moynihan of Castleknock Park in Dublin took legal action against her hairdresser – Coiffeur Salons Ltd, trading as Dylan Bradshaw, located in William Street South, Dublin – following a haircut and colouring treatment she underwent on 11th November 2010.

Thirty-three year old Grainne claimed in her action that, following her visit to Dylan Bradshaw, she developed an allergic reaction to the hair treatment which manifested as an itchy rash on her neck, ears and scalp.

According to court documents, Grainne sought medical advice for the rash when it developed, and her doctor had prescribed antihistamine medication and a course of oral steroids.

Coiffeur Salons Ltd contested Grainne´s claim, and denied that the treatment she received had been negligent. The company entered a full defence against Grainne´s claim prior to when the case was scheduled to be heard by Judge Matthew Deery at the Circuit Civil Court.

However, before the hearing commenced, Judge Deery was told that Grainne´s legal action against the hairdresser had been resolved out of court for an undisclosed amount. The Judge struck the case from the records.

Man Resolves Injury Claim for Accident in Dublin Airport after Hearing

December 6th, 2013. By Compensation News.

A man, who suffered a broken nose and two black eyes when an electric door closed on him, has resolved his injury claim for an accident in Dublin Airport after a hearing at the Circuit Civil Court.

Sixty-three year old Thomas Smyth and his wife, Evelyn, were at Dublin Airport in January 2011 to catch a flight for a vacation in Tenerife, and were walking through the gate to board their plane, when an automatically-timed door shut suddenly on Thomas´ face.

Thomas, from County Cavan, was taken to Beaumont Hospital in Dublin, where he was diagnosed with a broken nose and received treatment for other facial injuries. Having missed their flight, the couple returned home to re-schedule their holiday for a few days later.

However, because of the injuries Thomas had sustained, the holiday was ruined; and, when the couple returned to Ireland, they sought legal advice and made an injury claim for an accident in Dublin Airport against Aer Lingus – the company they had flown with – and the Dublin Airport Authority.

Both defendants agreed that Thomas had sustained injuries due to negligence, but neither party was willing to admit liability. Damages were assessed for €19,000, but the case was heard by Judge Jacqueline Linnane to establish which of the two defendants – if not both – were liable for Thomas´ injuries.

Judge Linnane found that Aer Lingus had been negligent on the grounds that the door which had automatically closed on Thomas was working properly, but it had been timed to close 30 minutes after it had been opened by an Aer Lingus flight attendant.

The judge said that if Aer Lingus needed longer than 30 minutes to get their passengers boarded, they should have requested a time extension from Dublin Airport Authority. She ordered that Aer Lingus pay the €19,000 compensation in settlement of Thomas´ injury claim for an accident in Dublin Airport.

Woman Awarded Compensation for Travelator Accident

December 19th, 2012. By Compensation News.

A woman who caught the heel of her shoe in a hole on a moving walkway in a Dublin shopping centre has been awarded €13.150 in compensation for a travelator accident after a hearing at the Circuit Civil Court.

The compensation action was taken by Nuala Holloway Casey (60) from Blackrock in Dublin against company Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited, escalator fitters, Dublin, after suffering an ankle injury at the end of 2007 at the Superquinn Shopping Centre.

The court was told that on December 21st 2007, the high heel of Nora’s shoe had become stuck at the entrance to a descending moving walkway and she then had fallen heavily – injuring her left ankle. Ms Holloway told the court that she still felt pain in the ankle and had been forced to give up playing tennis due to the damaged ankle.

Despite liability being accepted there are an argument over the final settlement amount as Nuala had failed to visit her doctor for 10 days after the accident and exacerbated her injury caused due to a different fall in 2009.

Upon reviewing the testimony made by medical experts in support of Nuala´s compensation case, Judge Hickson awarded the former Miss Ireland €12,000 compensation for travelator accident plus an additional €1,250 to account for the expenses related to her accident.

Hen Weekend Accident Compensation Awarded to Karting Accident Victim

November 5th, 2012. By Compensation News.

A woman, who sustained neck injuries after a crash on a go-karting track, has been awarded more than 9,000 Euros in go-karting accident compensation at the Circuit Civil Court.

Karen Wimpory (31) from Maidenhead in Berkshire was visiting Dublin in March 2009 with friends on a hen weekend celebration whenshe and her friends decided to try their hand at go-kart racing at Kylemore Indoor Karting racetrack.

Having agreed to a disclaimer which carried a warning that motor sport could be dangerous and “in the absence of any negligence on the part of the company” she was participating entirely at her own risk, Karen watched a safety video before climbing into her go-kart for a four-circuit warm-up.

It was at the end of this warm-up, Karen stated, that she and other racers had been forced to brake abruptly because a race marshal had stepped on to the track. Although Karen was able to stop in time, another driver bumped into the back of her kart, pushing her neck and shoulders backwards and leaving with neck injuries similar to whiplash.

After seeking legal counsel, Karen made a claim for go-karting accident compensation against Grovepark Services Ltd., which trades as Kylemore Karting, alleging that her neck injuries were attributable to the negligence of the company. Grovepark Services denied that they were liable and the claim went to court.

At the Circuit Civil Court, Mr Justice Matthew Deery was informed that although Karen had watch the safety video and signed the disclaimer before commencing her warm-up, there had been no instruction given about what to do when traffic warning lights on the racetrack were illuminated.

Judge Deery was also informed by racetrack designer Stewart Cosgrave and race controller Denis Gaffney that, although it was improbable that a race marshal would walk onto the circuit in front of karts travelling in excess of 20 miles per hour, the marshal in question had since died in a road traffic accident and would be unable to provide evidence.

After hearing evidence from forensic engineer Pat Cullerton that the karts did not have sufficent headrests or neck restraints fitted, and that novice karters should have also been instructed to sit at full extension when driving, Mr Justice Matthew Deery found in Karen´s favour and awarded her 9,064 Euros in go-karting accident compensation plus costs.

Newsagents Accident Compensation Claim Settled in Court

October 29th, 2012. By Compensation News.

A woman, who sustained facial injuries when she walked into a shop shutter, has had her compensation claim for an accident in a newsagents settled at the Circuit Civil Court in Dublin.

Yvonne McEvoy (42) from Clondalkin, Dublin, had been at Tuthill´s Newsagents in the Liffey Valley Shopping Centre when, in October 2010, she was distracted by a Halloween display as she was leaving the shop and walked into a partly closed shutter.

The shutter, Judge Jacqueline Linnane at the Circuit Civil Court was told, was often partially closed as the shop was about to shut to dissuade new customers from entering, but Yvonne failed to hear the warning shouted to her by a shop assistant and walked straight into it – sustaining an injury to the left side of her face.

Judge Jacqueline Linnane heard from forensic engineer Alan Conlon that CCTV video of the incident showed a previous customer ducking underneath the shutter as he exited the shop, but that Yvonne was looking to her right as she walked towards the exit. The judge was also told that Yvonne had fallen pregnant in 2011 and was unable to take painkillers to ease the pain.

Finding Tuthill’s Newsagents negligent by lowering the shutter while there were still customers inside the shop, Judge Jacqueline Linnane found in favour of Yvonne and awarded her 17,500 Euros in settlement of her compensation claim for an accident in a newsagents.

Compensation Claims against the State Forecast Expected to Rise

October 15th, 2012. By Compensation News.

The State Claims Agency has predicted that compensation claims against the State for hospital negligence could increase by more than a quarter in 2012.

Commenting in the Clinical Indemnity Scheme newsletter, Ciaran Breen – Director of the State Claims Agency – said that “It appears that people, injured as a result of a medical negligence event, are more likely to sue doctors, dentists and hospitals in these more difficult economic times” after attributing the increase on the economic downturn.

Mr Breen´s remarks were in complete contrast to those made by Patricia Byron – Chief Executive of injuriesboard.ie -after the Injuries Board Interim Report was released last month, which saw only a 4.1 percent increase in claims over the first six months and not the “recessionary spike” that had been predicted. However, both public officials referred to the fact that there had been a significant increase in claims related to the DePuy hip replacement recall.

As 345 compensation claims were filed against the State in the first six months of 2012 (as opposed to 542 in the whole of 2011), and the Statute of Limitations expired in August 2012 for many victims of the DePuy hip replacement recall, Mr Breen´s outlook may appear unjustifiably depressing. However, some compensation claims filed against the State are finding their way to court long after they might previously have been time-barred.

In July this year, the Supreme Court upheld a High Court judgement in favour of Olivia Kearney who, forty-three years beforehand, had went throufh a symphysiotomy procedure which the High Court determined was “entirely unjustified and unwarranted”. Should the remaining two hundred survivors of the symphysiotomy procedure be permitted to make compensation claims against the State, Mr Breen´s forecast could be very conservative indeed.

Compensation claims against the State for hospital negligence account for a small number of claims managed by the State Claims Agency – the majority are for public liability and employer liability – but account for almost 90 percent of the value of claims each year. In 2011, the value of the 542 compensation claims against the State for medical negligence amounted to 860 million Euros.

Football Injury Compensation Approved in High Court

October 10th, 2012. By Compensation News.

A young girl, who sustained a serious neck injury after the crossbar of a goal fell on her head, has had her settlement of compensation for a football injury approved in the High Court.

Jessica Fidgeon Cush (17) from Lusk, County Dublin, was just eleven years old when her accident happened in October 2006. While playing as goalkeeper for Round Towers Lusk GAA in a Gaelic football game at the at the Starlights GAA Club in Collinstown, North Dublin, the crossbar fell from the goalposts and hit Jessica on head.

X-rays taken on her arrival at hospital showed that Jessica had a lucky escape. Her sixth vertebrae was broken but, had the crossbar had hit her once inch either side of her injury, she could have been killed or paralysed. Jessica has to wear a neck brace while her injury healed, but also suffered from headaches, nightmares and flashbacks, and was diagnosed with Post Traumatic Stress Disorder after developing a fear of dying.

Through her father – Philip – Jessica filed a claim for compensation for a football injury against the Gaelic Athletic Association, as the GAA are responsible for the organisation, control and supervision of Gaelic games in the State. In the action it was alleged that the goalposts had been allowed to remain in an unsafe condition, that no inspection of the goalposts had been undertaken and that there was a failure to ensure that the crossbar was adequately secured to the goalposts.

At the High Court in Dublin, Mr Justice Nicholas Kearns was informed that the case before him was only for the approval of damages, as a compensation settlement of 50,000 Euros had been agreed between the two parties. After being told all the details of the case, Mr Justice Kearns approved the settlement of compensation for a football injury which will be paid into court for one year until Jessica reaches the age of eighteen.

Compensation Claim Against Ryanair Settled Before Hearing

October 6th, 2012. By Compensation News.

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

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

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

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

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

Injury Compensation for Shop Accident Claim Approved

August 29th, 2012. By Compensation News.

A County Wicklow schoolgirl, who sustained cuts and abrasions after catching her leg on a faulty cake display in Dunnes Stores, is to receive 21,000 Euros in compensation after her injury compensation for a shop accident claim was approved in court.

Jade Earls (11) from Bray in County Wicklow had been shopping with her mother in the Dunnes Stores at Cornelscourt in Dublin when the accident occurred in July 2010. As Jade passed a stand displaying cakes, she snagged her leg on some rusty nails which were protruding from the support for the stand.

Judge Alan Mahon at Dublin´s Circuit Civil Court heard that Jade suffered a 10 centimetre abrasion and a four centimetre laceration in the accident and, although both had healed successfully, Jade had been left with a permanent scar on her left leg.

After taking legal advice, Jade made a claim for dangerous shop display injury compensation against Dunnes Stores and ABF Grain Products, Grosvenor Street, London, through her mother – Fidelma. The court was told that the two defendants had accepted liability on a 60&40 basis and that an offer of compensation had been made.

Judge Mahon heard that the offer of injury compensation for a shop accident claim amounted to 12,000 Euros plus costs and, as the family were prepared to accept the offer, he approved the settlement.

Child Accident Compensation for Injury to Boy Approved in Court

July 1st, 2012. By Compensation News.

An eleven-year-old boy, who sustained a broken leg while playing football on council property, has had a settlement of child accident compensation for injury to a boy approved in the Circuit Civil Court.

Kristin McMahon from Dublin was just eight years old when the accident occurred in June 2009 at the Dublin City Council owned site of the former fish market in St. Michan´s Street. While playing in a competition hosted by Bradog Youth Services Ltd, Kristin fell on the concrete surface and suffered injuries to his knee and leg.

Kirstin was taken to the Children´s University Hospital in Temple Street by ambulance where x-rays showed a fractured tibia and Kristin was fitted with a plaster cast which he had to wear for several weeks.

Through his mother, Carol Mooney, Kristin made a claim for child accident compensation for injury to a boy compensation against Bradog Youth Services Ltd and Dublin City Council and, in a negotiated settlement, the two defendant´s agreed to pay 20,000 Euros in compensation for child football injury.

As with all compensation claims for children, the settlement had to be approved in court and, after hearing the circumstances of Kristin´s accident and the consequences to his quality of life while he was recovering, Mr Justice Matthew Deery approved the settlement of child accident compensation.

Fall in Argos Compensation Awarded in Court

June 22nd, 2012. By Compensation News.

A man, who slipped and fell on a discarded wet wipe in Argos, injuring his shoulder in the process, has been awarded 17,500 Euros fall in Argos compensation at Dublin´s Circuit Civil Court.

Declan Conroy from Dublin had been shopping in the Ilac Centre branch of Argos in Henry Street in May 2008 when the accident occurred. While in the queue for the counter to order a lawnmower, he slipped on a wet wipe which had fallen on the floor and fell – severely damaging his shoulder.

After receiving medical treatment, Declan made a fall in Argos compensation claim against the store – alleging that their method of checking the floor for potential hazards was lacking and he had suffered an injury as a consequence.

Argos denied liability for Declan’s injury; contending that CCTV footage revealed the presence of the wet wipe just six minutes before Declan´s accident and insisting that staff could not be required to constantly monitor the condition of the floor surface in such a historically low-risk store.

However, a forensic engineer – testifying on Declan´’s behalf – told the court court that, due to the extra footfall in the queuing area where Declan´s accident occurred, a higher level of attention should be applied. It was also revealed that five minutes before the wet wipe first appeared on camera, CCTV footage showed a woman moving a baby buggy through the area.

Judge Jacqueline Linnane at the Circuit Civil Court decided that, taking everything into account, it was the woman with the baby buggy who was responsible for discarding the wet wipe and, as more than ten minutes would have elapsed between the slipping hazard being present and Declan sustaining his injury, Argos was liable.  Declan was awarded 17,500 Euros fall in Argos compensation plus costs.

Luas Accident Compensation Approved in Court

May 25th, 2012. By Compensation News.

A settlement of Luas accident compensation has been approved in court almost five years after the accident occurred.

Derek Cross, aged 52, of Clondalkin, Dublin, was crossing the Naas dual carriageway in order to catch a taxi home in the early hours of 15 September 2007, after drinking at the Bluebell United Football Club until 1.30am following a golf outing with friends.

As he crossed the road to reach the Red Cow Hotel taxi stop, Derek was struck by a Luas tram arriving from Kylemore. The impact with the tram left him with multiple rib fractures and a traumatic brain injury which has resulted in Derek only being able to walk with the help of crutches and unable to work.

Derek made a claim for Luas accident compensation against the Luas tram service operators, the Railway Procurement Agency and Veolia Transport – claiming that they had failed to take reasonable steps to provide appropriate signage and safe passage for pedestrians who were crossing the road lawfully.

Ms Justice Mary Irvine at the High Court heard that the defendants had refuted the claims based on Derek´s significant contribution to his injuries due to his intoxicated state. However, an out-of-court settlement of 650,000 Euros had been negotiated which was before her for approval.

Approving the settlement for Luas accident compensation, Ms Justice Mary Irvine said that it was an exceptionally good offer under the circumstances of the case, as if the claim for Luas accident compensation had gone to trial there was a risk of losing the case.

Child Compensation for a Fall in Toy Shop Approved in Court

May 21st, 2012. By Compensation News.

A girl of five, who will be left with a permanent scar after a fall in Hamleys, has had a settlement of child compensation for a fall in toy shop approved at the Circuit Civil Court.

Brianna Healy (5) from Ballinteer, Dublin, was just two-years-old when she fell and banged her head at the Hamleys Store in Dundrum, Dublin, on 23rd February 2009. Due to the incident, Brianna will have a scar on her face for the rest of her life.

At the Circuit Civil Court, Mr Justice Matthew Deery heard that the store had accepted liability for Brianna´s injury, but the family had not been satisfied with the original offer of compensation for a fall in toy shop and had taken legal advice.

A revised offer of 27,500 Euros was settled upon, which the family were happy with, and after hearing that the case was before him for the approval of damages, Mr Justice Matthew Deery approved the settlement and wished Brianna well for the future.

Judge Orders CCTV Release in Dublin Bus Crash Compensation Claim

April 13th, 2012. By Compensation News.

A judge in Dublin´s High Court has ruled that Dublin´s bus company must release CCTV footage to solicitors representing a claimant in a Dublin Bus injury claim.

The judgement was made by Mr Justice John Hedigan after years of stalling by the bus company and decisions made in the claimant´s favour by the Data Protection Commissioner and Judge Jacqueline Linnane in the Circuit Civil Court. The bus company had argued that the data they possessed about the claimant was privileged and, as potential evidence in litigation, they were not prepared to release it.

The Dublin Bus crash compensaton claim first started in October 2009, when a female claimant from Dublin alleged that she had sustained an injury aboard a Dublin Bus the previous year. Dublin Bus did not accept liability for the woman´s injuries and the Injuries Board Ireland declined to assess her application for Dublin Bus injury compensation.

While preparing for court proceedings, the claimant´s solicitors were advised of the existence of CCTV footage taken aboard the bus and were shown a video relating to their client´s claim for Dublin Bus injury compensation at Dublin Bus´s office. A request for a copy of the video was refused and, even after the claimant´s solicitors had complained to the Data Protection Commissioner, Dublin Bus continued to withhold the CCTV footage.

Dublin Bus appealed the Data Protection Commissioner´s decision to release the video and brought their case to the Circuit Civil Court. However, in July 2011, Judge Jacqueline Linnane ruled that the bus company should release the video to the solicitors on the grounds that the claimant had every right by law to request access to the CCTV footage in support of her Dublin Bus crash compsenation claim and that Dublin Bus had no right to withhold it.

Dublin Bus then opted to delay a resolution to the claim for Dublin Bus injury compensation by appealing Judge Linnane´s decision to the High Court, but Mr Justice John Hedigan found in favour of the claimant, stating that that Dublin Bus had “not raised a point of law giving rise to grounds for overturning Judge Linnane’s decision”.

Poster Injury Compensation Claim Settled

February 26th, 2012. By Compensation News.

A woman who walked into a Dublin advertising poster, and sustained head and neck injuries, has settled her poster injury compensation claim for 38,000 Euros.

Sandra Memery (48)  was leaving her local McDonald´s restaurant with her daughter on 16th September 2009 when the accident happened. Having turned back towards her daughter to give her a bag, she started walking forward again, and immediately hit her head on the corner of the poster campaigning on behalf of Fianna Fail for a “Yes” vote in the second Lisbon Treaty referendum.

After feeling unwell for almost a day, Sandra visited her doctor, where she was diagnosed with lacerations to her scalp, a swelling over her right temporal and soft tissue damage to her neck. Sandra, who is 5 ft 5 in tall (1.65m) made a compensation claim for low hanging poster injury, stating that the campaign poster should have a minimum of three metres clearance from the floor.

Contesting the poster injury compensation claim, Fianna Fail and Executive Posters Ltd jointly claimed that Sandra was responsible for her own injuries through contributory negligence and should have paid more attention to where she was walking. However, shortly before Sandra´s poster injury compensation claim case was about to be heard at Dublin´s Circuit Civil Court, her legal representatives announced to the court that a compensation settlement had been agreed upon in the amount of 38,000 Euros.

Shop Car Park Injury Schoolboy Awarded 36,800

October 1st, 2011. By Compensation News.

A sixteen year old schoolboy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a shop car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.

Michael Hogan of Firhouse, County Dublin, was just eleven years of age when the accident happened in 2006 as he was climbing over a supermarket car park fence at the Firhouse Shopping Centre. He caught his leg on a protruding and unprotected nail, which tore a deep V-shaped wound into the inside of his left thigh.

Michael´s injuries were so severe that he had to have a double layer of inner flesh stitched together under a general anaesthetic and, although he has recovered now, will be left with a permanent scar as a permanent reminder of his injury.

Liability for the shop car park injury was not contested by the owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery heard that the defendants had made a settlement offer of 36,800 Euros. The judge approved the shop car park injury settlement offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.


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