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
CYCLISTS NEED TO SEE THE LIGHT !
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
22nd 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
Sport & assault a bad sporting mix!
A recent personal injuries case heard in the High Court in Dublin brought the focus
what is allowed to pass as part of a contact sport and what constitutes an assault.
The case involved what was found to be an assault causing serious facial injuries to a soccer player.
The injury turned out to be a fractured jaw which caused considerable pain & discomfort to the injured player.
Now sport of all sorts has always included the consent of ‘volenti’ or consent to reasonable force, be it in a tackle or other challenge.
This case showed that by striking another player with intent to harm him outside the rules of the game, that the assailant was responsible for the harm caused and should compensate the victim.
So far so good, but when is unreasonable force actionable in the courts.
Some of the tackles we see in GAA, rugby and other sports run close to the edge of assault.
What is clear is that if deliberate intent to harm an opponent can be shown to a court
the person responsible may be exposed to a claim for damages for any injury sustained.
Other matters as to whether the assailant has the financial wherewith all to pay any court award it must also be considered as otherwise the courts judgement may simply be a paper judgment with the victim recovering nothing!
In the recent case in the High court compensation of €47,000 was awarded for the personal injuries suffered by the innocent player.
The role of insurance is unlikely to assist as few policies if any are likely to provide insurance cover which allows a policy holder to intentionally injure another!
The issues raised by this interesting case will no doubt reappear in the future
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!
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
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.
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.
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
