Woman receives €65,000.00 compensation following injuries sustained in car fire.
The High Court recently made a significant award of damages to a lady arising from an accident in which her car went on fire. The court heard that the car went on fire after recently being serviced. The case, brought by a motorist against the Opel Garage alleged that the garage serviced her four year old Opel Astra Coupe. It was also alleged that because the oil filter housing was left loose, this lead to oil leaking into the exhaust pipe and caused the fire.
The court was told that liability was admitted in the matter and the case proceeded as an assessment as to damages.
The incident involved the Plaintiff and a family member who were driving in Dublin when they realised that smoke was emerging from the inside of their car. The Plaintiff received an award of €40,000.00 in general damages to date and €20,000.00 for damages into the future along with out of pocket expenses at €5,638.00.
Paul W Tracey Solicitors
December 2010
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.)
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
Accidents increase with Snow & Ice!
Accidents increase with Snow & Ice!
Since the cold spell arrived this Christmas both insurers and hospitals have experienced a significant increase in accidents.
Motorists have had to struggle with icy weather and many collisions have occurred as a result of the big freeze.
The weather placed increased responsibility on motorists to drive with care and make special provision for braking distances in these conditions. Drivers who fail to do so could find themselves and in turn their insurance provider facing claims from injured passenger, pedestrians or motorists.
Indeed the AA have repeatedly warned that braking distances can be up to 10 times longer than normal in these weather conditions.
Motorists should be aware that difficult weather conditions will not excuse them if their car is in collision with another!
Hospitals have reported an increase in patients attending their accident and emergency departments with injuries.
There are reports of increases in fractures as a result of the weather conditions.
Questions have been asked as to the responsibility for such injuries, in the case of pedestrians it would be impossible to expect every footpath to be cleared of ice and snow. Nor would it be appropriate to presume that Local authorities should be immediately at hand to remove or ‘grit’ all snow falls!
Householders should take care that no leaking pipes exacerbate the problems and create slipping hazards and report leaks promptly to local authorities
Employers also have to consider the safety of their workers where for example they are required to work outdoors in such adverse conditions, indeed the usual duty to carry out risk assessments apply.
In the meantime it looks like the freeze is coming to an end andhopefull the snow won’t be with us too much longer!
10/01/2010
