Fruit Farm fined for injury to worker
The Fruit Farm, Dawn Farm Foods was fined €65,000.00 at Naas Circuit Court on the 26th November 2010 arising out of an accident at one of it’s factories.
It appears that the incident related to an employee whose arm became entangled in some machinery. The worker suffered an amputation of the mid forearm as a result of this incident.
The fine shows the increasing seriousness in which the Court treats Breach of Statutory Duty to provide a safe place of work to employees.
Paul W Tracey
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!
Uninsured drivers in Ireland on the rise?
THE NUMBER of uninsured drivers causing road accidents has increased by approximately 10 per cent in 2009 according to the chief executive of the Motor Insurers’ Bureau of Ireland. (MIBI)
One suspects that this significant rise in the number of claims against uninsured drivers being processed by the MIBI is due to the economic downturn.
“It appears that the recession may have had an impact on the number of uninsured drivers on the road. It is a very worrying trend and an extremely serious issue. Driving uninsured is a criminal offence’’ commented a spokesperson for the MIBI
The MIBI is responsible for compensating victims of accidents caused by uninsured and unidentified vehicles. It also compensates victims or untraced motorists who cause accidents or who leave the scene of accidents.
Recent figures show that in 2008 the MIBI settled over 2,000 claims with uninsured drivers who were involved in accidents, most of which involved bodily injury.
Mr. Casey the chief executive of the Bureau estimated that the figure for 2009 will be approximately 10 per cent higher than in 2008.
Although the cost of motor insurance has been declining in recent years this problem has not gone away! “In real terms the cost of motor insurance is the same as 10 years ago. Premiums have been coming down and there is a lot more competition in the market place. Price is simply is not an excuse.”
He also rejected the claim that a lack of concern among drivers about Garda surveillance has led to an increase in the number of motorists driving without insurance. “There has been an increase in the traffic corps in recent years, and there are more and more roadside checks,” he said.
If you have had an accident caused by an uninsured driver or where a driver has left the scene or failed to stop at the scene it is important that you act promptly and comply with the requirements of the MIBI.
We at Paul Tracey Solicitors have extensive experience in this are of injury work and will be happy to assist you with any questions you have on this topic.
Tips if involved in an accident
-Call the Garda at the scene
-Take the names & addresses of any witnesses
-Seek medical assistance promptly if required
-Take prompt legal advice to ensure your rights are protected
Paul Tracey Solicitor 08/03/2010
(Paul Tracey is a lawyer based in Dublin specializing in personal injury litigation in particular road traffic cases where insurance issues arise.)
Cyclists in Dublin facts & figures on accidents
An eye opening report prepared by Dublin City Council from Garda statistics last year on cycling accidents throws up some revealing statistics on accidents involving cyclists.
There were approximately 427 collisions involving cyclists reported to the Garda in Dublin city over the period (2002 to 2006), 11 of which involved fatalities.
11 Fatalities
8 of these deaths were of cyclists killed by left-turning Lorries.
1 involved a vehicle hitting a cyclist when changing lanes
1 a vehicle rear-ended the cyclist
1 was caused by a stolen vehicle driving head on into a cyclist.
Cars involved in 70% of cyclist accidents
- Almost 70 per cent off all cycle collisions involved cars.
- Left-turning vehicles were involved the majority of fatalities,
- The most common collision involved right-turning cars. These accounted for just fewer than 20 per cent of incidents.
- The next most common type is classified as “side swipes”, accounting for 15 per cent of collisions. These occur where a vehicle overtaking a cyclist or changing lanes hits the bicycle.
- Door opening accidents accounted for about 14 per cent of incidents
- Left-turning vehicles hitting cyclists accounted for just over 12 per cent.
Crashes where the fault is more likely to be attributable to the cyclist accounted for a much smaller proportion of incidents. In just over 4 per cent a cyclist hit a pedestrian, while in fewer than 3 per cent of collisions a cyclist turned right into on-coming traffic.
The more serious a crash, the more likely it was to involve a vehicle turning left, according to the report.
While 73 per cent of fatalities were at a left turn (all involving HGVs) almost one-third resulting in serious injury to the cyclist involved a left-turning vehicle.
November the most dangerous month to cycle in Dublin?
The report also found that November was the worst month for collisions
Cyclists between the ages of 20 and 29 were the most likely to be involved in incidents
The traffic department is to put recommendations to city councilors tomorrow. Chief among these is a recommendation that Cyclops mirrors be fitted to HGVs so they can better see cyclists on their left. The report found that in the majority of left-turning collisions the HGV driver did not see the cyclist.
It also recommends that all cycle lanes be inspected annually.
Several collisions occurred when cyclists were forced to move out of the lane to avoid potholes or sunken gullies.
Top four types of cycle accidents
- Drivers turning right in front of an oncoming bicycle.
- Drivers hitting a bicycle when overtaking or changing lanes.
- Car doors being opened in front of cyclists.
- Drivers hitting cyclists when turning left.
Recommendations
- Segregation of bicycles and HGVs where possible.
- Awareness campaign on the danger of left-turning HGVs.
- Upgrade of cycle lanes to remove potholes, sunken gullies and poor surfaces.
- Enforcement of legislation regarding the use of bicycle lights.
- Encourage more cycling to produce a “safety in numbers” effect.
- Provide additional cycling infrastructure on a “most used routes” priority basis.
- “Cyclops” mirrors made compulsory on all HGVs.
Warning issued to prevent accidents in Freezing Weather conditions
The Health & Safety Authority has issued recommendations to employers & workers in light of the recent cold snap.
The advise is timely and is of benefit to employers and employees alike in reducing accidents in the workplace.
‘Freezing temperatures renders construction work even more hazardous than normal. When the body is unable to warm itself, cold related stress may result. Four factors contribute to cold stress: cold air temperatures, high velocity air movement, dampness of the air and contact with cold water or surfaces. A cold environment forces the body to work harder to maintain its temperature. Cold air, water, and snow all draw heat from the body. Wind chill is the combination of air temperature and wind speed.
Risk Assessments need to be reviewed as extreme low temperatures greatly change and usually increase the risks associated with most external construction work. The following areas of work are particularly adversely affected by extreme cold conditions:
- Work at Height – work at height platforms, roofwork, etc. will all become more hazardous if ice or snow are on them. The risks of falls from heights are increased as the risk of slips, etc. is greatly increased. This type of work should only be undertaken if absolutely necessary and sufficient additional controls are put in place. For example – full check of all platforms and fall/edge protection, de-icing of work platforms, etc.
- Slips, Trips & Falls –the risk of these are greatly increased due to icy conditions. Walkways should be cleared of ice and snow with regular gritting/ salting. Ensure hoses, etc. aren’t left running in areas as the excess water will freeze and cause a further slip hazard.
- Construction plant operation –
- caution must be exercised when accessing or egressing from construction plant as access steps and hand hold surfaces may be covered in ice.
- wheel grip could be compromised and control of vehicles could be lost
- Welfare Facilities – arrangements must be in place to provide adequate welfare facilities, especially an area where workers can go to warm up, change/dry clothes and get hot beverages.
The following should be noted when risk assessing and planning for construction work in extreme cold temperatures.
Cold Temperature Exposures, Injuries, and Controls on the Jobsite
1. Wearing the proper clothes / PPE may be the most significant precaution to reducing cold stress. Wearing appropriate clothes for cold weather usually involves using three or more layers of clothing. Also use layering to protect the head, hands and feet.
2. Drink plenty of fluids, preferably warm, sweet beverages. Thirst is suppressed in a cold environment and dehydration may occur when fluid intake is reduced.
3. Increase caloric intake when working in cold environments. Workers in cold environments who wear heavy, protective clothing expend more heat and so require 10-15 percent more calories.
4. If required, a work warm-up schedule should be used to provide periodic times for warm-up breaks. Additional breaks should be provided as the wind velocity increases and/or the temperature drops.
5. Avoid the cold if you are becoming exhausted or immobilised. These conditions can accelerate the effects of cold weather.
6. Engineering controls can be effective such as using heaters in areas, where practical, shielding work areas from winds and drafts, using insulating material on equipment handles, especially metal handles, etc.
7. Select the warmest hours of the day, where possible, when braving the cold. Minimise activities that reduce circulation.
8. Educate employees on symptoms of cold-related stresses: heavy shivering, uncomfortable coldness, severe fatigue, drowsiness and/or euphoria.
9. Use the buddy system.Work in pairs when working in extreme weather conditions so partners can monitor one another and obtain help quickly in an emergency.’
It is clear that extra vigilance is required when the weather such as recently experienced comes to bother us!
Paul Tracey
20/01/2010
Dublin Bikes prove a big hit- but what about insurance for accidents?
The Dublin Bikes scheme has proved a big hit with Dubliners and visitors to the city since its launch in September.
One interesting legal issue arising from the use of the bikes is the question of insurance in case of an accident.
What happens if a cyclist hits a pedestrian and injures him or her whilst using one of these bicycles?
Well one thing is clear the promoters of the scheme have set out their position on their website in their terms and conditions section, it reads as follows;
‘You are not insured by the provider to use dublinbikes and you do so entirely at your own risk. It is advised that you take out your own public liability insurance if you do not have such a policy already in place.’
Well cycling safely is clearly the first step. It would also be a good idea to check your household insurance policy and see if it covers the householder in the use of a bicycle and more particularly the use of a hired bicycle!
Visitors to our site might let us know what response they get from their insurance company’s on this topic.
Safe cycling!
Paul Tracey
November 2009
Personal Injuries lump sum compensation-lump sums system criticised.
An economist speaking in Dublin recently criticised the merits
of lump sum settlements as opposed to structured settlements.
The speaker Colm McCarty called for a debate on a change from the current system
where a victim of an accident gets a lump sum for their injuries and where relevant a sum to cover future loss and expenses and called for a debate on the concept of a structured settlement.
Structured settlements are common in a number of European countries and involve the victim getting an initial payment followed by an annuity.
Whilst a debate is to be welcomed on the subject the question may victims might ask would be who would manage their ‘lump sums’?
In light of recent economic conditions insurance companies and financial advisers would have some distance to go to win the trust of victims that their investment skills could meet this task.
The challenge for insurance companies will be the fact that cases could not be ‘closed off’ for many years leading to additional administration costs into the future.
The debate is an interesting one and one certainly set to run for some time.
In the meantime it goes without saying that prudent investment of settlement monies is essential for all victims of accidents in order to ensure that the resources are available to fund potential future expenses.
Paul Tracey
November 2009
Fatal Accidents – legal entitlements
In the case of a person suffers personal injury of such degree that they die of the injuries where liability (or fault) would lie in favour of the injured person, namely, where some otherperson is at fault for the injuries, the injured person’s right of action for compensation for pain and suffering ceases with the death of the injured person.
However, in these cases, under the Civil Liability Act 1961, a right of action continues, on the death of the injured person, in favour of the dependents(relatives) of the deceased person.
The method for the assessment of damages will differ from those applicable to a claim for ordinary personal injuries.
Instead, damages are calculated by reference to the Civil Liability Act in the sum of €25,394
Other headings of claim can be added to this namely financial loss to the dependents of the deceased person, arising from the death.
Loss arising from the absence of income would make up, by and large the greater share of this loss.
Funeral and travel expenses are recoverable.
In such cases the settlement of any such cases must be approved by the courts.
If you’d like further advise on this topic please contact Paul Tracey Solicitors at 01 8745656
or e mail law@traceysolicitors.ie
Personal Injuries
Injuries Board report shows average public liability award to injured persons was €22,865
The Injuries Board has reported that during the two year period from January 2007 to December 2008 it made 2,859 awards in public liability claims cases. The Board awarded compensation totalling €65,400,000. The average award was €22,885. This compares with an average award of €20,792 to PL claimants in 2007.
In a report issued recently- A Review of Public Liability Awards 2007 & 2008 – the Injuries Board gave details of:
- awards
- location of accidents
- causes of accidents
- type of injury suffered.
The average award was €22,865.
Most awards were for less than €38,000, the upper limit of awards the Circuit Court can make.
While only 0.5% of awards were for over €100,000, that in fact means that 14 awards of €100,000 or more were made by the Board.
Over 350 awards (12.5%) of between €38,000 and €100,000 were made.
Thirty-two percent of awards (914) of between €20,000 and €38,000 were made. Fifty-five percent (1,572) of all awards were for less that €20,000.
Over a quarter of all awards (27%) were made against local authorities in relation to accidents in public places under the control of local authorities.
Nearly a quarter of all awards (24%) were made in respect of accidents in retail and shopping outlets. The other locations of accidents were:
- hotels, pubs, clubs, restaurants (19%)
- leisure facilities (13%)
- transport/utilities (6%)
- education and health establishments (4%)
The remaining 6% of accidents occurred in a variety of locations, including construction sites and car parks.
A remarkable 67% of the accidents were caused by slips, trips and falls.
The other causes of accidents were flying/falling objects (11%),
-injury caused by machinery (5%), cuts (3%),
-burns/scalds, assaults and animals (each 2%),
-one percent each for poisoning and reaction.
-the remaining 6% were attributed to other causes.
The review shows that many accident victims sustain at least two types of injury. The most common injuries suffered are sprains (40%), bruising (32%), fractures (29%), lacerations/cuts (25%) and injuries classified as superficial (10%).
Four percent of awards were for psychological disorders, with crush, intracranial, dislocation and burns each accounting for 2% of injuries.
Seven percent of injuries are classified in the other category.
Given that many of those injured suffer from one or more of the types of injuries listed, the total adds up to 155%.
The review reports that 70% of awards were made to women and while people of all ages suffer accidents, half of all awards went to people aged over 45.
The report provides a valuable insight for workplace owners, drivers and local authorities as to where there focus should be in an effort to prevent such accidents.
Paul Tracey solicitors has specialised in the provision of assistance to injured parties for over 20 years,it’s principal welcomed the publication of the report of the injuries board data which was hitherto unavailable from the court services
Paul Tracey
7th August 2009
