Further Restrictions on Young Drivers to come into effect !
Speaking in the wake of the fatal car accidents in Kerry, Chief Executive of the Road Safety Authority, Mr. Noel Brett commented that a number of issues were shortly to be addressed in what is called the “Graduated Licence Scheme” which is shortly to be introduced.
The measures include the reduction of the alcohol limit for drivers, to 20mg per 100milli litres of blood from 80mg/100milli litres.
He said that this had already been passed by the Oireachtas.
In addition, he said that a new Learner Permit Process would be introduced in place of the Provisional Licence Scheme.
Under the new Scheme, it will not be possible to sit a diver’s test without having a learner permit for 26 weeks.
In addition, Learner Drivers must be accompanied by someone with a full Driver’s Licence for a period of two years.
The Graduated Licence Scheme may also require Learner Drivers to get a certain number of hours and to keep a log book in relation to their driving.
Despite earlier concerns, the new Law does not include curfews.
In light of the fatal accidents and indeed, the increase in the number of serious personal injuries sustained by young people in cars, it is hopeful that these proposals will assist in minimising both the deaths and personal injuries.
Hip failures affect over 3,000 patients in Ireland
It has emerged that nearly 3,500 Irish people have received a replacement hip system which is at the centre of a worldwide recall.
There are two devices at the centre of the recall, these are known as, the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System.
It has been reported that most hip replacements involving the ASR system have been successful.
DePuy which are owned by healthcare company Johnson and Johnson have stated that according to the data in the UK, patients with the implants required revision surgery or corrective procedures within five years in about 12 per cent of the cases.
The company have said that this was higher than expected resulting in the recall.
It has been reported that problems arising with the ASR device include loosening parts, infections, fractures, dislocation, metal sensitivity and pain.
What would be of concern for the public is that apparantly complaints had been made 2 years ago to the Department of Food and Drug Administration in the US concerning two types of faulty hip implants, questions may now be raised as to why it has taken so long for the recall to be implemented.
DePuy, have stated that they will pay for the cost of doctor visits, tests and procedures associated with the recall.
Whilst it is early days yet it appears that databases are currently being checked in Ireland for patients who received this type of implant. Early reports suggest a review with hospital & consultants may follow to decide the best way forward.
The news is clearly a worry for people who may have to undergo further surgery , recovery and loss of earnings during their recouperation.
From a legal perspective it is clear that the manufacturers have admitted the fault and in such circumstances victims of this ‘systems failure’ should not be out of pocket for any expenses they incur.
Where additional surgery has to be undertaked along with the anticipated pain during the recovery process it is clear that these patients may be entitled to compensation.
Paul Tracey
Paul W Tracey Solicitors
30 August 2010
Sport & assault a bad sporting mix!
A recent personal injuries case heard in the High Court in Dublin brought the focus
what is allowed to pass as part of a contact sport and what constitutes an assault.
The case involved what was found to be an assault causing serious facial injuries to a soccer player.
The injury turned out to be a fractured jaw which caused considerable pain & discomfort to the injured player.
Now sport of all sorts has always included the consent of ‘volenti’ or consent to reasonable force, be it in a tackle or other challenge.
This case showed that by striking another player with intent to harm him outside the rules of the game, that the assailant was responsible for the harm caused and should compensate the victim.
So far so good, but when is unreasonable force actionable in the courts.
Some of the tackles we see in GAA, rugby and other sports run close to the edge of assault.
What is clear is that if deliberate intent to harm an opponent can be shown to a court
the person responsible may be exposed to a claim for damages for any injury sustained.
Other matters as to whether the assailant has the financial wherewith all to pay any court award it must also be considered as otherwise the courts judgement may simply be a paper judgment with the victim recovering nothing!
In the recent case in the High court compensation of €47,000 was awarded for the personal injuries suffered by the innocent player.
The role of insurance is unlikely to assist as few policies if any are likely to provide insurance cover which allows a policy holder to intentionally injure another!
The issues raised by this interesting case will no doubt reappear in the future
Learner drivers to face new strict rules.
In the wake of the multiple deaths in recent road traffic accidents new regulations
are to be introduced to make compulsory training for learner drivers a fact of life.
Recent car crashes, fatal accidents and serious injuries have featured in our newspaper headlines
In response the RSA (road safety authority) stated that a new gradation driver licensing system would shortly be introduced.
It is believed that the scheme will require new drivers to maintain a log book of hours spent practising.
In media comments following the fatal car accident in Donegal some commentators went so far as to suggest a curfew for young drivers to cut down on injuries and accidents.
It seems that that might infringe upon civil liberties but in the light of the recent tragic loss of life the topic was raised again.
New requirements may include a beefed up theory test and a mandatory requirement of hours of training with an approved driving instructor at a cost of up to €700.
Paul Tracey
27/07/2010
-
Cyclist Banned from the Streets of US town!
A town in the US has banned cyclists from its streets, with fines for cyclists of up to €68. The town called Black Hawk in Colorado, (yes believe it or not) which has a population of just above 100, is thought to be the first town in the US to make cycling illegal.
The new law has been introduced for “health and safety” reasons, said administrators of the former gold mining town, which in the 1990s decided to develop gambling to prevent the place vanishing altogether.
Apparently the decision is to prevent collisions between cars and bicycles on 19th-century streets that were designed for horses and carriages.
The town started enforcing the ban on 5 June 2010, five months after it passed the law requiring cyclists to dismount and wheel their bikes through the town.
Whilst the rule may seem little more than a version of our pedestrian street here in Dublin a number of American cycling groups are up in arms.
Is this a case of ‘Blackhawk Down on cyclists!!? ?’
Sorry couldn’t resist that!
A copy of the notification is attached.
BICYCLES PROHIBITED
City of Black Hawk Ordinances 2009-20 and 2010-3 states bicycles are prohibited within the City on certain streets. Signs are posted on Gregory Street, Main Street, Richman Street, Mill Street, Miner’s Mesa Road, Bobtail Street, and Selak Street prohibiting bicycles.
City Police Officers will ticket anyone caught riding on these streets.
Cyclist Banned from driving for ‘breaking a red light’!
A cyclist who broke a red light and seriously injured himself when colliding with a car a car has been banned from driving a car for a year.
This unusual case highlights the obligations of cyclist as road users.
The case which was heard in a Dublin District Court has surprised many commentators as convictions of this nature & bans are somewhat rare.
The law allows convictions to be endorsed on licenses & and driving bans imposed.
If an ‘offender’ does not have a current driving license the conviction may be endorsed on a subsequent license if one is applied for.
So it is cause for reflection for any cyclist ‘runs a light’ or ignores any other rule of the road as they could face a driving ban!
Cycle safely
Paul Tracey
Solicitor & Cyclist!
Lawyers take to the Stage!
It’s always interesting to see what’s going on in the world of lawyers
In Heuston Texas lawyers have taken to the stage with their own musical!
The show called Night Court ran in June 2010
Described as an original all-lawyer musical comedy benefiting charity.
Night Court is written by lawyers, performed by lawyers, with an orchestra and crew full of lawyers.
The show run is June 9-12 at the Wortham Center.
Proceeds benefit local charities, including the charitable works of the Houston Bar Foundation.
Anyone who got to see the show should let us know the verdict!!
Paul W Tracey Solicitors
www.traceysolicitors.ie
€76k awarded to bus driver after suspension failure causes serious injury
A DUBLIN Bus driver injured when the pneumatic suspension on his vehicle failed as he drove over a speed ramp has been awarded nearly €76,000 in High Court damages.
The driver was represented by Dublin personal injury law firm Paul W Tracey Solicitors
The firm had sued the employer and a local authority on behalf of the injured driver (Dublin Bus & South Dublin Co Co) over the incident on the Tallaght to Bohernabreena Road on September 27, 2005, when the driver suffered injuries to his neck and lower back.
The driver had driven the 201 bus over three ramps on the road when, as he went over a fourth ramp, the suspension malfunctioned and caused a loss of “cushion effect” to the bus.
Mr. Justice Éamon de Valera sitting in the High Court awarded €75,911 damages against Dublin Bus. The judge said that the driver was entitled to succeed in his claim against the bus company but not against the council which had, he said, built the ramps in accordance with best practice.
The judgment went on to say that Dublin Bus had a statutory duty to ensure necessary measures are taken so that the equipment used is suitable, or properly adapted, for its purpose so that it can be used by employees without risk to their safety and health.
Where there is a risk or rupture or disintegration of equipment likely to pose a danger to health and safety, then appropriate protection measures shall be taken, the judge added.
Paul W Tracey Solicitors June 2010
Bikeweek Hits the Streets from the 13th of June
Bike Week 2010 is a cross-community effort to highlight cycling as a fun, cost effective and healthy way to travel.
Promoters include cyclist.ie (Ireland’s National Cyclist Lobby Group), the Dublin Cycling Campaign, representatives from the various strands of the cycle industry, An Taisce, local authorities, the health sector, Cycling Ireland, private individuals, the Office of Public Works, the National Transport Authority, the Road Safety Authority, the Department For Regional Development Northern Ireland and the Department of Transport.
A number of the events during Bike Week 2010 are being kindly supported by a wide range of sponsors including the Embassy of Denmark, An Post and All4one Bikes4work.
Checkout more at www.bikeweek.ie
Sofa Cases need to know information.
Compensation for victims of ‘Toxic Sofa’ cases?
Following fast on the report in the Sunday Times of court settlement in such cases in Ireland Paul W Tracey solicitors we have received enquiries regarding similar complaints in the Republic of Ireland.
The enquiries follow BBC reports that over 1,600 such cases have been identified in the UK with many other going undetected.
The sofas, which were manufactured in China, were packed with sachets of an anti-mould chemical called dimethyl fumarate to stop them from going mouldy during storage in humid conditions.
Commonly known as DMF, the toxic, fine white powder has been used by some manufacturers to protect leather goods like furniture and shoes from mould. Even very small amounts can be harmful.
TOXIC SOFA SYMPTOMS
Blisters
Sores
Rashes
Eye irritation
A number of useful links can be viewed on the subject
http://www.youtube.com/watch?v=AyGuCYlYcF0
If you would like assistance or advise on this subject please feel free to contact our offices and discuss your concerns with Piarais Neary who is heading this work in the offices of Paul W Tracey Solicitors 01 8745656 or e mail us at law@traceysolicitors.ie
