Personal Injury Compensation

Compensation for Slipping on Floor

Although a claim for compensation for slipping on a floor when you have sustained an injury due to somebody else´s negligence should be straightforward – frequently the opposite is true. Those responsible for health and safety in shops, supermarkets and on the street do not have an “absolute” duty of care – meaning that if the hazard on which you slipped had only just manifested, the shop supermarket or local council may not have had a reasonable period of time to identify and rectify the hazard and therefore not be responsible for your injuries. Establish whether or not you may be eligible to claim compensation for slipping on a floor by speaking directly to an experienced Irish solicitor on our freephone Legal Advice Centre.

Cork Co & City Council hit for €15m in Personal Injury Compensation Payments made since 2016

May 23rd, 2019. By Compensation News.

The local authority bodies for Cork City and Cork County Councils have paid out personal injury compensation settlements to the tune of €15m for slips, trips and falls since 2016. Details uncovered through a Freedom of Information Act request has also shown that are many
slips, trips and falls compensation claims that have not yet been steeled by these bodies.

As of March 31, a sum of €1,144,594 in slips, trips and falls compensation claims has been paid out by Cork City Council for accidents that happened in public areas, including parks and public areas in council-owned residential estates. When compared alongside the same Jan 1-Mar 31 in the last recents years it paints a grim picture.

The figures were as follows:

  • €129,626 in 2018
  • €667,754 in 2017
  • €782,035 in 2016

At present there are 455 unfinished personal injury compensation claims as of March 31, 2019 on the books with Cork City Council. However, Cork County Council registered 230 uncompleted personal injury compensation claimed during the same time period of time.


Terry Shannon, Fianna Fáil’s Cork City Councillor, a former Lord Mayor of Cork, says that the unusually high level of claims are due to a lack of spending in the public realm over the last few years.

He stated: “It is a direct result of the decline of the condition of the public realm: potholes, cracked footpaths, and so on. The issue is getting worse and the amount paid each year is getting bigger, because we haven’t been able to fix long-standing issues, because national government hasn’t invested the money.”

In addition to this Mr Shannon said that Cork City Council has set aside €5m in 2019 to deal with possible slips, trips and falls compensation settlements.

Along with this budgetary measure the Council has also marked a separate €200,000 to “upgrade and repair footpaths that have fallen into bad condition and have been the subject of a number of liability claims”.

Clr. Shannon referred to this figure as inadequate and said that is will be “used to patch up areas that have been the result of multiple claims but, ultimately, it won’t go far enough to make a real difference.”

Council House Injury Compensation Award of €35,000 Girl Who Broke Ankle at Own Home

April 13th, 2019. By Compensation News.

€35,000 council house injury compensation has been awarded a 17-year-old Maria Collins who fractured her ankle when she fell over a pothole in her own backyard.

The compensation award was made against the owners of the property Dublin City Council. Maria’s mother, Caroline Collins, informed the court that previous complaints had been submitted to the council prior to the accident about the danger of the potholes in the backyard on the property.

Legal representative for Maria Collins, of Avila Park, Cappagh Drive, Finglas, Dublin Esther Earley, informed the Circuit Civil Court that the fall occurred just over 18 months ago when Maria aged 14. Ms Earley, appearing with Niamh O’Brien of O’Brien Murphy Solicitors, informed the court that the girl’s ankle twisted in a hole in the tarmacadam surface in the yard to the rear of the local authority home.

Ms Earley stated: “She (Maria) suffered a non-­displaced intra-articular fracture which has a higher risk of developing post-traumatic osteoarthritis.”

She went on to say that the girl had been rushed to Temple Street Children’s Hospital where she received treatment  from consultant orthopaedic surgeon Conor Hurson. X-rays indicated that a fracture of the right ankle bone had occurred. Maria waseen placed in a temporary backslab immobilising cast and further treatment was scheduled for her with to the fracture clinic.

Not long after this Maria had shortly had been moved from a temporary immobilising backslab to a full fibreglass case. This remained in place for five weeks, during which time Maria was prescribed with a course of paracetamol for pain relief.

Dublin City Council, Ms Earley informed the court, was not only the sole local authority responsible for the area. However as landlords for the development they had an inspection and maintenance duty in relation to the property.

Judge Groarke app­roved the settlement offer of €35,000  after he was advised that maria is unlikely to suffer post-traumatic osteoarthritis.

Pre-Birth Accident Injury Compensation of €45,000 Awarded to Child (4) for Shopping Trolley Collision

February 23rd, 2019. By Compensation News.

€45,000 compensation for personal injury resulting from an accident in a Tesco store when only at 20 weeks gestation in her mother’s womb as been awarded to a four-year-old child.

Legal Counsel for Siwan Stewart, barrister David K. McGrath told Judge Eoin Garavan in the Circuit Civil Court that the unborn baby girl, who is now just three months short of her fifth birthday, suffered injuries when her mother collided with her shopping trolley that came to a halt suddenly on a Tesco travelator.

Mr McGrath told the court that Siwan’s mother, Elaine Stewart, hit off her own shopping trolley when it stopped with no warning on the travelator in Tesco’s at the Bloomfield Shopping Centre, Lower George’s Street, Dun Laoghaire, Co Dublin, in February 2013.

Presiding Judge Garavan referred to the injury of an unborn child in a shopping accident as a unique case and one which he had not been aware of having previously come before the court.

Mr McGrath informed the judge  that when Siwan was born in May 2013 it was discovered that she was suffering from haemolytic disease of the newborn, a type of jaundice and had to be treated in a special unit for just under a week. A medical expert had linked Siwan’s condition to the travelator accident in Tesco’s.

After Ms Elaine Stewart, of Claremont Road, Sandymount, Dublin submitted the personal injury compensation action on her daughter’s behalf, the Tesco store made a settlement offer of €45,000 to Siwan.

In addition to this, the court was informed, Ms Stewart’s daughter Adelaide, who was three at the time and had fallen and injured her head on the travelator in the same incident, had been offered a settlement by Tescos of €28,000. Mr McGrath was recommending acceptance of both offers to the court. The girls’ mother had not made any claim against Tescos on her own behalf but only on behalf of her children.  Judge Garavan said the offers in both cases were very good and he approved both settlements.

€80k Personal Injury Compensation Awarded for Ankle Injury at Copper Face Jacks

December 6th, 2018. By Compensation News.

A Limerick man, Colin McNamara, has had a nightclub injury compensation settlement of €80,000 approved in relation to a legal action he pursued following at High Court following an accident that occurred at Dublin nightclub Copper Face Jacks.

Mr McNamara, who works as a bar manager, fractured his ankle in two places following a slip and fall on a wet floor slip at the disco on October 9, 2015. He was staying in Dublin to attend a Republic of Ireland soccer match at the Aviva Stadium.

Mr McNamara (36), who lives in Rathbane Co Limerick, submitted the personal injury compensation claim against Breanagh Catering Ltd and the owners of Copper Face Jacks due to the injuries he suffered at the venue. Mr McNamara informed the High Court that he slipped on a floor which was wet and treacherous to patrons on the evening. He said: “the wet floor caused me to slip and fall. I turned to walk but I ended up on the floor.”

Justice Michael Hanna was informed by Mr McNamara that security workers in attendance lifted him up from the ground and took him out to a back alley where another staff member looked at his leg and ankle before informing him that it was not broken. The security workers informed him that they could not call an ambulance. Mr McNamara advised Justice Hanna that he “hobbled away” from the nightclub before hailing a taxi in order to return to his hotel. As he (Mr McNamara) was still in a considerable amount of pain when he returned to Limerick, he went to hospital where he discovered that he had fractured his ankle in two different places. Mr McNamara underwent surgery and had his movement restricted in the aftermath as he had to use crutches. He was unable to work in his role as a bar manager for five months due to the surgery

Presiding Judge Justice Hanna told the Court that the correct figure of personal injury compensation was €80,000 along with an additional €7,116 ‘special damages’ to pay for medical and other expenses incurred by Mr McNamara.

Parliamentary Question Reveals Lengthening Delays for Violent Attack Compensation Hearings

September 11th, 2018. By Compensation News.

The response to a parliamentary question has shown that there is a lengthening backlog being experienced at the Criminal Injuries Compensation Tribunal, leaving those affected by serious violent assaults waiting years to be awarded personal injury compensation.

A parliamentary question submitted by Fianna Fáil TD John Curran prompted the release of these details and Mr Curran has now called for an immediate audit of the scheme to investigate what is causing the delays.

From 2012 to present just 597 payments were have been completed in relation to the 1,357 claims have been filed. In 2017 a total of just 31 compensation payments were completed of the 181 new cases that came before the Tribunal. By the end of May 2018 just 10 victims were completed out of the 73 new cases that were filed during that time period.

Mr Curran TD said of the startling new details: “Despite the fact that the number of cases which settle in a pay-out is declining year on year, there are lengthy delays in the Criminal Injuries Compensation Tribunal assisting victims of crime in Ireland. As it stands, should this year’s applications be managed in the very same poor manner it’s likely that just 24 cases will be settled in 2018.

The TD added: “Victims should expect that they will receive their compensation in a prompt manner and in accordance with constitutional justice. In correspondence I received, the Tribunal itself cited its limited resources and “economic constraints” as contributing factors in the slow process of claims and victims obtaining their due compensation. The Tribunal receives roughly €4 million in budget each year, but it is uncertain how this budget is set considering the number of, and types of cases varies year on year. A thorough review of the Criminal Injuries Compensation Tribunal must be carried out before next year’s figure of unsettled claims rises even more. This review could not come quick enough for very many victims of crime or their families.”

The full text of the statement by Mr Curran TD is available by clicking here.

 

 

 

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.

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.

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.

Woman to Receive Compensation for Soft Tissue Knee Injury at Work

June 9th, 2014. By Compensation News.

A kitchen assistant who was formally employed by Dunnes Stores in Clonmel has been awarded compensation for a soft tissue knee injury at work.

29- year-old Dorota Michalowska from Clonmel in County Tipperary had been clearing tables in the canteen of her local Dunnes Store, when – on 14 July 2011 – as she was returning to the kitchen with a trolley stacked up dirty dishes, she slipped on a frozen chip that had fallen to the floor and fell heavily – suffering a soft tissue knee injury.

Dorota´s injury was so severe that she was immobilised for six months and unable to work for a further three months. After undergoing physical therapy to ease the pain in her knee, Dorota took legal advice from a solicitor and made a claim for compensation for a soft tissue knee injury at work against her employers – Dunnes Stores – alleging that the company had not provided her with a safe environment in which to work.

Dunnes Stores contested Dorota´s claim for a soft tissue injury at work, and denied its responsibility for her slip and fall accident – arguing that she had been preparing food in the kitchen throughout the day and she was most likely the author of her own misfortune as it was most likely that she had dropped the frozen chip on the floor and failed to notice the hazard,

Dorota´s compensation claim for a soft tissue knee injury at work proceeded to the High Court in Dublin, where it was heard by Ms Justice Mary Irvine. After hearing evidence from both parties, Judge Irvine found in Dorota´s favour on the grounds that, if Dorota had dropped the frozen chip herself – and then performed a circuit of the canteen to clear away the dirty dishes – the chip on the floor would have defrosted and no longer have been frozen by the time Dorota slipped on it and sustained her injury.

The judge commented in her summing up that two other employees were working in the canteen on the day of Dorota´s accident, and that “on the balance of probabilities” it was likely that one of Dorota´s co-workers had dropped the frozen chip, and either neglected to pick it up or not seen the hazard at all. Judge Irvine ruled that Dunnes Stores were therefore the liable party in Dorota claim due to the negligence of its employees.

Ms Justice Mary Irvine awarded Dorota €82,750 compensation for a soft tissue knee injury at work – a sum which included €20,000 for future pain and suffering, as the judge believed there would be a strong likelihood of Dorota suffering from arthritis as she grew older.

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.

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.”


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