The Fruit Farm, Dawn Farm Foods was fined €65,000.00 at Naas Circuit Court on the 26^th 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

 I recently came across a site which gave details of Global Road Deaths.

The site run by Roadpeace, the UK based charity records that since January 2010, there have been 1,125,261 road deaths worldwide. Staggering isn’t it!

The charity has also organised the “World Day of Remembrance for Road Traffic Victims” which was held on the 21^st November 2010.

The day in particular focuses on the overall scale and individual devastation caused by road deaths and injuries and the impact on families and communities around the World.

Almost 4,000 people are killed and many hundreds of thousands injured on the roads throughout the World every day. Many have to cope with the bereavement or effects of injuries and become part of a large community affected by tragedies on our roads.

The concept for the remembrance goes back to 1993 and was organised by Roadpeace and adopted by the United Nations in 2005 as a response to road victims for public recognition.

In light of the serious number of accidents in Ireland, there is certainly a case for a similar initiative to be adopted here in Ireland.

On the World Day of Remembrance for Road Traffic Victims, we mourn the estimated 1.3 million people who lose their lives on the world’s streets and highways each year, and we renew our resolve to prevent further deaths,” U.N. Secretary-General Ban Ki-moon said in a statement. “Many tragedies can be avoided through a set of proven, simple measures that benefit not only individuals and families but society at large.”

Earlier this year, the U.N. General Assembly declared the first-ever “Decade of Action for Road Safety,” providing an opportunity for global action. Ki-moon has called on all nations, international agencies, civil society organizations, and businesses and community leaders to ensure that the decade leads to real improvements. Governments have been directed to release their national plans May 11, 2011. The U.N. Road Safety Collaboration is encouraging measures to make roads and vehicles safer, improve the behavior of drivers and pedestrians, and enhance emergency services.

“If we all take these and other simple measures, we can give real meaning to this observance, thereby honoring the memory of the victims in the best way possible: with action to spare the lives of others,”

“My hope is that all governments and relevant stakeholders will make public their plans for the decade on May 11,” Krug said in a statement. “Those who have been directly affected by road traffic crashes and their families will have a vital role to play throughout the decade. This annual World Day of Remembrance will offer a place for the voices of these victims and for their families. They guide us in all that we do

Paul Tracey

Personal Injury Solicitor

Ireland

23^nd November 2010

The recent change of the clock and the onset of the winter season has brought out the usual challenges for cyclists in Dublin.

An interesting article appeared in the Irish Times last week when a pedestrian complained that he has observed a number of cyclists colliding with cars. Whilst welcoming the arrival of Dublin Bikes, he commented that “many cyclists persist with cycling without any kind of lights”.

Legally cyclists put themselves & others at risk by not using lights & high visability clothing.

The basic safety equipment which is incorporated on the Dublin Bike Scheme are worth looking at as a ‘marker’ for safety standards.

Paul Tracey

Solicitor

22^nd November 2010

The decision of a recent case referred to as “The Good Samaritan” case, involving a member of the public who came to the assistance of a security guard in Dunnes Stores receiving compensation of € 80,000 was upheld by the Supreme Court.

The man who came to the assistance of a security officer received severe injuries, including facial injuries.

The case was originally heard in the High Court and damages were awarded on the basis that the security arrangements in place were substandard with only one security guard being responsible for the entire premises.

The case was heard back in June 2002 when the Plaintiff, Mr. O Neill was shopping in the shopping centre in Thurles. He came across a security guard who was apprehending an individual in the store. The Plaintiff,, saw the security guard struggling and helped the him try and restrain a youth while a second youth kicked and pulled at the both the men.

It appears that one of the assailants used a motor bike chain and struck Mr. O Neill in the face.

In revewing the case, a Supreme Court confirmed that the original High Court was entitled to conclude that the absence of anyone to assist the Security Guard on the day in question was unreasonable.

The security guard had to seek assistance from a member of the public and the need for an extra security guard was caused by the negligence of the department store.

The court indicated that the situation was entirely foreseeable.

The comments are interesting in the context that it centres not so much on the “Good Samaritan” took compensation but rather focuses on the adequacy of the security system in place which lead to the injuries sustained by the Plaintiff.

The case will remind proprietors of shops and supermarkets of the need to carry out an appropriate risk assessment, in particular to how their business is run and secured and it would appear that, an adequate risk assessment, if not carried out and funded, could lead to a claim for compensation.

Paul W Tracey Solicitor

22^nd November 2010

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

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

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

www.traceysolicitors.ie

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.

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

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