Archive for October, 2014

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.

Compensation Claim for Slip and Fall on Wet Stairs Resolved during Hearing

October 9th, 2014. By Compensation News.

A compensation claim for a slip and fall on wet stairs has been resolved during a High Court hearing after the plaintiff agreed to an undisclosed settlement of his claim.

The compensation claim for a slip and fall on wet stairs was brought by William Busteed (59) of Cork City, who was leaving his council-owned apartment on May 9th 2009 to catch a flight to Majorca when he slipped on a wet stair at the top of the complex´s stairway and fell awkwardly.

The taxi waiting to take William to the airport instead took him to Cork University Hospital, where William was treated for injuries to his face and left shoulder and a fractured left arm. William made a compensation claim for a slip and fall on wet stairs against the council, but liability was denied and William was given authorisation to take his claim to court.

At the High Court, Mr Justice Daniel Herbert heard arguments that Cork City Council were to blame for William´s injuries as they had failed to attend to a faulty smoke alarm. A fault in the smoke alarm had caused it to go off without reason twice a week, at which point vents above the stairway opened and allowed the rain to enter.

William´s solicitor claimed that William had reported the hazard to the council, but they had failed to attend to it, but in response the council´s legal representatives produced a record of all William´s complaints and how quickly they had been attended to. The council also claimed that he had been drunk at the time of the accident, and produced a medical report which showed alcohol and cannabis in his blood when he attended the Cork University Hospital.

William denied that he had been drunk on the day in question, and told Judge Herbert that he had drunk no more than two bottles of beer that day because he was aware that airlines could refuse boarding to passengers who were intoxicated. He also claimed that he had never smoked cannabis prior to his accident and said that he did not touch the drug because he did not like it.

At the end of the first day of the hearing, William´s compensation claim for a slip and fall on wet stairs was adjourned to be continued the following morning; but, before proceedings were due to commence, Judge Herbert was told that an undisclosed settlement of compensation had been agreed and that William´s claim could be struck out.