Personal Injury Compensation

Archive for April, 2015

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.

Settlement of Luas Injury Compensation Approved in Court

April 2nd, 2015. By Compensation News.

A €25,000 settlement of Luas injury compensation has been approved for a schoolgirl from Dublin who was hurt in an accident seven years ago.

Aoife Heron from Raheny in Dublin was hurt in the accident on 14th February 2008 when she, her mother and her younger sister were boarding a Luas at Connelly Street with the intention of travelling to Jervis Street.

Aoife – who was only six years of age at the time – boarded the Luas ahead of her mother Elaine; but, as Elaine started to push the buggy containing her younger child onto the Luas, the automatic doors closed – trapping the buggy between them.

Due to there being a blockage, the doors automatically opened, and Elaine was able to retract the buggy. Aoife, who was still inside the train, went to join her mother and sister on the platform; but as she tried to disembark, the automatic doors closed once again – on this occasion trapping the little girl´s head between them.

An ambulance was called, and Aoife was treated at the scene for a head injury by paramedics. A later examination by the family´s GP determined that Aoife had suffered a soft tissue injury and significant bruising. Seven years later, and Aoife has a scar on her head and has developed a phobia about travelling on the Luas.

Through her mother, Aoife made a Luas injury compensation claim against Veolia Transport Dublin Light Rail Ltd – the operators of the Luas. In the claim it was alleged that Veolia had been negligent and in breach of duty. Veolia initially denied its liability for Aoife´s Luas injury and prepared a full defence to contest the claim.

However, after a period of negotiation between solicitors representing the two parties, a €25,000 settlement of Aoife´s Luas injury compensation claim was agreed – the settlement having to be first approved by a judge as Aoife is legally a minor.

Consequently the details of the accident and Aoife´s injury were told to Mr Justice Raymond Groarke at the Circuit Civil Court in Dublin. Judge Groarke heard that Aoife may need psychotherapy in the future to overcome her phobia about travelling on the Luas, and the judge approved the settlement of Luas injury compensation – wishing Aoife all the best for the future.

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