Snow on the way back- UK Government advise to house holders on clearing obstructions
Clearing snow and ice from pavements yourself
The Uk government have responded to the issue of exposure to claims for householders who clear snow from their premises. The information appears on the Direct.gov site and is helpful in reassuring house holders.
An extract of the site is set out below.
Likewise the Irish government throught the attorney general’s office have publicised similar notices.
Clearly these publications address some silly stories which appeared in the media.
The guidance does not excuse careless behaviour e.g. trying to clear snow with boiling water which subsequently freeses and causes an accident or pipe leakages on public paths which cause accidents.
Likewise care should be taken in clearing snow & ice not to cause a tripping hazard!
Basically the law endorses & protects sensible behaviour.
Here’s hoping we don’t see a return to the chaos we experienced in December!!
Extract from UK Direct Gov site;
There’s no law stopping you from clearing snow and ice on the pavement outside your home or from public spaces. It’s unlikely you’ll be sued or held legally responsible for any injuries on the path if you have cleared it carefully. Follow the snow code when clearing snow and ice safely.
The snow code – tips on clearing snow and ice from pavements or public spaces
Prevent slips
Pay extra attention to clear snow and ice from steps and steep pathways – you might need to use more salt on these areas.
If you clear snow and ice yourself, be careful – don’t make the pathways more dangerous by causing them to refreeze. But don’t be put off clearing paths because you’re afraid someone will get injured.
Remember, people walking on snow and ice have responsibility to be careful themselves. Follow the advice below to make sure you clear the pathway safely and effectively.
Clear the snow or ice early in the day
It’s easier to move fresh, loose snow rather than hard snow that has packed together from people walking on it. So if possible, start removing the snow and ice in the morning. If you remove the top layer of snow in the morning, any sunshine during the day will help melt any ice beneath. You can then cover the path with salt before nightfall to stop it refreezing overnight.
Use salt or sand - not water
If you use water to melt the snow, it may refreeze and turn to black ice. Black ice increases the risk of injuries as it is invisible and very slippery. You can prevent black ice by spreading some salt on the area you have cleared. You can use ordinary table or dishwasher salt – a tablespoon for each square metre you clear should work. Don’t use the salt found in salting bins - this will be needed to keep the roads clear.
Be careful not to spread salt on plants or grass as it may cause them damage.
If you don’t have enough salt, you can also use sand or ash. These won’t stop the path icing over as well as salt, but will provide good grip under foot.
Take care where you move the snow
When you’re shovelling snow, take care where you put it so it doesn’t block people’s paths or drains. Make sure you make a path down the middle of the area to be cleared first, so you have a clear surface to walk on. Then shovel the snow from the centre of the path to the sides.
Offer to clear your neighbours’ paths
If your neighbour will have difficulty getting in and out of their home, offer to clear snow and ice around their property as well. Check that any elderly or disabled neighbours are alright in the cold weather. If you’re worried about them, contact your local council.
http://www.direct.gov.uk/en/Nl1/Newsroom/DG_191868
Paul Tracey
Litigation Solicitor
05/01/2011
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
Speed Cameras the battle for credibility continues!
The recent introduction of speed cameras into Dublin comes from the extensive use of cameras throughout the UK.
A recent battle has broken out between two pressure groups in this area as to the effectiveness of their use and indeed, the merit of cameras.
The situation has become quite polarised in England with a prominent road safety group known as Roadpeace coming into direct conflict with a group known as Tax Payer’s Alliance.
A recent review of Roadpeace refers to a report presented by the Tax Payer’s Alliance this year which challenges the effectiveness of speed cameras.
The main basis upon which the Tax Payer’s Alliance (TPA) argues their case is that the costs of the speed cameras far exceed their value.
In an aggressive response to this argument, Roadpeace quote a number of convincing statistics.
They refer to the Department of Transport Road Casualties and Deaths statistics for the year 2009.
This report states that road deaths have fallen to 2,200, 12% down on the previous year.
This is the lowest number of deaths ever recorded and contributed to another milestone for Roadpeace.
That study concluded that when cameras were introduced, they resulted in: -
- Reduction of 100 fatalities per annum (1745 killed and 4230 personal injury collisions in 2004)
- Reduced speeding by 74% at new fixed camera sites and 18% drop at new camera sites.
- Overall the proportion of vehicles speeding excessively fell by 91% at fixed camera sites and 36% at mobile camera sites.
- 2.7-1 benefit to society from the avoiding injuries in excess of 285million to enforcing costs of about £96 million.
The statistics prepared by Roadpeace are quite impressive and seem to have put paid to the argument of the TPA.
One interesting comment to be noted is the fact that the significant improvements appear to have occurred where the cameras are fixed and not mobile.
It will be interesting to see what statistics the Gardai and the RSA produce after the mobile camera units have been in place for some time in Ireland.
Will similar pressure groups step forward to argue against these cameras?
One would feel that this would be unlikely bearing in mind the carnage which has occurred on Irish Roads and the high level of backing that the AA have provided to the use of speed cameras.
Comments welcome!
Paul Tracey
Personal Injury Solicitor
Dated the 23rd November 2010
‘Good Samaritan’ award of €80,000 for personal injuries confirmed.
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
22nd November 2010
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!
Death of Polish brings fine of €350,000
Death of Polish Worker brings fine of €350,000.
In what seems to be a too familiar reoccurrence a tragic accident has taken the life of a polish worker working in Ireland
The accident which occurred in April 2006 was the matter for a court hearing this month in which the Health & Safety Authority brought a prosecution against a Roscommon based building company.
The accident which led to the tragedy involved a fall from a teleporter.
Roscommon Circuit court found that there was a failure to put in place necessary safety measures and as a result the death had occurred.
Fines of €350,000 were imposed on the company & its director.
Whilst cases of this nature primarily concerns the enforcement of safety practice breaches of Health and Safety legislation can also lead to civil action for compensation for the loss of life and financial dependency.
A representative of the Health and Safety Authority commented ‘that the case should be a deterrent to other directors and senior managers who are not talking the legal and moral duties seriously.’
The significant numbers of Polish workers who have worked and continue to work in the construction industry in Ireland mean that this is not the only report of tragic loss of life as a result of carelessness and neglect by an employer.
Paul W Tracey
11/12/2009
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.
Abuse redress scheme limited to victims under 18 years only!
The Supreme Court has overturned a High Court decision in favour of a female applicant which would have allowed her submit a case for redress despite the fat that she was over 18 years of age.
The High Court decision had it been followed in the Supreme Court could have meant residents of institutions covered by the scheme who were in care over the age of 18 up to 21 years of age might have been entitled to apply for compensation.
Submissions were made suggesting the age embargo was discriminatory, unfair & in breach of the Europen convention of Human rights
The decision will be seen as a dissappointment to many survivors of abuse who where hopeful that they might be included in the remit of the Redress scheme
Linked with the Governement’s refusal to extend the time period for applications to the redress scheme many survivors who have not had the benefit of the scheme have been left with a sence of disappointment.
One can only speculate as to whether any further steps will be taken to facilitate those victims not covered or eligible for redress scheme.
Paul Tracey
30/07/2009
Untraced driver causes serious personal injuries -€1 Million award approved by court
A lorry driver who was seriously injured when an unidentified driver drove into his path, causing him to swerve and overturn, has secured more than €1 million in settlement of his High Court action.
The driver, brought the case against the Motor Insurance Bureau of Ireland as the driver of the other vehicle involved had not been traced.
The settlement was approved this week in the High Court by Mr Justice John Quirke.
In his claim, it was alleged that the victim suffered very severe head injuries and had also sustained spinal and hip injuries as a result of the accident in Finglas, on January 20th, 2000. Dublin fire brigade had to extricate him from his vehicle.
The important role played by the Motor Insurance Bureau in compensating victims of road traffic accidents even where the careless driver is untraced or leaves the scene of an accident is to be noted from this case.
‘It is important to remember that victims of road traffic accidents , be they pedestrians, passengers, cyclist or drivers where the motorist causing the accident is untraced or leaves the scene of an accident may still be entitled to compensation.’
If you are the victim of a road traffic accident and require assistance please feel free to contact our offices without obligation.
Paul Tracey
Solicitor
24/07/2009
Personal injuries suffered by schoolboy in Dog Attack -Settlement offer approved by court!
A young boy who received severe injuries following an attack by a dog has received €17,500 euros in damages following the approval of a settlement offer in the Dublin Circuit court.
The 12-year-old schoolboy who was bitten on the arm by a neighbour’s dog, the court was told and his arm had been punctured in three places and he received 17 stitches.
The case highlights the importance of keeping dogs under ‘effective control’ as required by the law.
in cases where householders & dog owners do not have household insurance they can find themselves in the position of having to personally compensate victims in such cases.
Paul Tracey
24/07/2009
