€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
Injuries Board Authorisations- what do I do next?
Filed under: Accidents, Drink Driving, Injury Law, Road Accidents
In recent months we at Paul W Tracey Solicitors have found that we are receiving an increasing amount of queries from clients who have received authorisations from the injuries board for matters relating to accidents at work, road traffic accidents and other personal injury cases and are unsure as to what the next step in the process is.
What does the Authorisation mean?
If you have processed an injuries board application, the injuries board may issue an authorisation in 3 sets of circumstances;
1) The Respondent has declined to have the claim assessed; in these circumstances the respondent named on the injuries board authorisation has declined to permit to allow the injuries board assess your case.
2) The injuries board have reviewed your application and have deemed that due to the nature of your injuries the injuries board will not be able to assess your case within the time frame permitted under law.
3) An assessment may have been made by the injuries board but either you or the Respondent has declined the assessment, this could arise in circumstances where you are of the view that the amount of the assessment is in inadequate or the respondent is of the view that the amount of the assessment is excessive.
What Should I do?
Instructing a solicitor with expertise in this area like ourselves is the first step to secure your position
We can offer advice to you in regard to issuing Court Proceedings.
We always liaise with Senior and junior counsel when assessing such matters and we have over 20 successful years in specialising in personal injury litigation much to our very satisfied client base.
Please be aware that certain time frames exist under Irish law in order to permit you to commence court proceedings, it is therefore important that you contact our office in order to get initial advice in regard to these timeframes in order to avoid your case becoming statute barred under law.
What is the Cost?
Our initial advises are on a no obligation basis.
Contact us at law@traceysolicitors.ie or by phoning 00 1 8475656
Compensation for injuries in the workplace. Statistics form 2008
Some interesting data has been released by the Injuries Board in a publication entitled ’ A review of employer Liability Awards 2008 ‘which gives an insight into the types of accidents that occur in Ireland.
Apart from data on the awards which injured persons were made the report sets out anumber of examples of cases dealt with.
Given that the bulk of the cases are presented by solicitors it shows that the scheme seems to be operating in a reasonably successful manner.
The key to having a satisfactory result appears to lie in the presentation of the case in the best possible fashion.
Clearly cases where the extent of injuries ,out of pocket expenses and future losses are not properly addressed claimants can loose out.
On that basis it appears that solicitors continue to have a significant role to play in securing the best results for their clients.
Solicitors’ experience on court awards and the fact that insurers very often do not respond with the threat of court proceedings help secure better awards for clients.
The sample cases make interesting reading and we have selected some for you to read, comments as always welcome!
Paul Tracey
Litigation solicitor
Paul W Tracey
Solicitors
01-8745656
e mail law@traceysolicitors.ie
Sample Cases
While working as a bar tender in her local hotel, Siobhán suffered lacerations to her left wrist due to broken glass that had not been cleared. This transpired to be quite a serious injury as the nerves and tendons in Siobhan’s wrist had been damaged. This damage was subsequently repaired with surgery. She was out of work for approximately four weeks and has regular physiotherapy sessions to restore the strength, dexterity and sensation in her fingers. An award of just over €37,000 in compensation was made.
Edward, an engineer, fell from a height of 10ft when the scaffolding he was working on collapsed underneath him. He suffered a broken wrist and lacerations to his ear and eyelid when scaffold poles fell on him. His injury resulted in some reduction in his hand movement and strength, some mild hearing loss and he still has scarring on his ear. He was awarded just under €39,000 in compensation.
Paddy
This gentleman had to have his left index finger amputated when it was severed due to a defective power saw he was working with on a construction site. The tool was not fitted with a safety guard. As a result of his injury, Paddy will have lifelong disability and loss of grip in his left hand. He avoids working with power tools on-site and often finds some social situations awkward. He was awarded just over €59,500; part of this award was for loss of earnings.
Nuala
Nuala, a deli worker, was injured due to defective equipment when she was dismantling an advertising board in the restaurant where she worked. She suffered a crush injury with lacerations to her left index finger which required plastic surgery. In cold weather particularly, she still suffers from numbness and decreased function in the tip of her finger and finds sewing, previously a hobby of hers, most uncomfortable. Nuala’s claim was processed and she was awarded just over €23,000.
William
He sustained a chemical burn to his lower legs whilst working in a pharmaceutical plant. He had not been provided with the correct protective uniform. These burns required corrective plastic surgery and some scarring still remains. William must now be extra vigilant regarding day to day sun exposure. William’s claim was processed and he was awarded over €28,000 in compensation.
Claire, a factory worker, was operating a rotation machine when it suddenly jammed. A broken part of the machine was then released and struck her in the face causing injury and lacerations to her face and mouth and also causing damage to her teeth. This injury required extensive reconstructive work and will require additional treatment in the future. She was awarded €53,000 in General and Special Damages, this allows for costs incurred for future dental work.
As a member of the restaurant service staff, Cormac a student, slipped on a wet floor that had just been mopped but there was no warning sign displayed. The tray of crockery that he was carrying broke and he suffered deep lacerations to his left hand. This injury required three separate surgical operations to fully repair the damaged tendons and Cormac was unable to work for several months. He still has reduced movement in his hand but regularly attends for physiotherapy to aid this. His claim was processed and he was awarded just over €40,000 in compensation.
Joe sustained a twisting, sprain injury when he slipped and fell while descending a defective staircase in the office. Due to the severity of his ligament injury and the nature of his job. Joe was unable to work for approximately four months as he was on crutches. His claim was processed he was awarded just over €20,000 in Damages, this includes a figure for Loss of earnings
While working as a warehouse operative, Julia was required to engage in repetitive bending and lifting of heavy boxes. Her employer had not enlisted her on a Safety Manual Handling course and subsequently she suffered acute lower back pain. Julia was unable to work and could not socialise with friends for several weeks. She was awarded just over €30,000.
Tim
Tim, a driver was temporarily blinded when a defective electrical heater in the depot exploded, releasing debris which had to be removed from his eyes. Tim now has slight blurring of vision in his left eye and suffers regular discomfort to his eyes. Tim received just under €11,000 in compensation.
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
Pesonal Injuries : Higher Number of High Court cases issued in 2008
The Courts services report shows an increase in the number of High Court caes commenced for personal injuries in 2008.
A total of 6,466 such cases were issued and increase of nearly 10% on the 2007 figure of 5951 such cases.
The data gives an indication that in the ‘post celtic tiger ‘ era people may be paying more attention to pursuing their rights than in previous years.
These cases would include, car accidents, work accidents, pedestrian accidents, bicycle accidents and accidents in public places
Of course the vast majority of these cases settle prior to court hearing with many never seeing the inside of a court.
The data seems to contract recent suggestions from the injuries board that ‘claims’ may be on the decrease.
It is also important to note that with a reduced period within which to initiate cout proceedings and the streamlining of timelines due to the Injuries Board process it may also suggest that more cases are being heard in less time than in previous years.
The volume of cases processes by the High Court on a daily basis is a credit to the Judiciary & Court staff who continue to work to provide a most effective service.
Paul Tracey
12/08/2009
