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 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

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 23^rd November 2010

 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

As part of Bikeweek 2010 this  Friday the 18^th of June, the Irish Youth Foundation, in association with Cyclone Couriers, will be hosting the annual charity Bloomsday Messenger Bike Rally and Lunch, which celebrates James Joyce’s Ulysses and Dublin.

On Friday, over 70 messenger bikers will gather at the Wolfe Tone statue on St Stephen’s Green before making their way to the Mansion House, where they will be joined in a rousing rendition of Molly Malone by the Lord Mayor of Dublin.

The cyclists, who will be dressed in their finest Edwardian attire, will then embark on a journey through the streets of Dublin, making three pit-stops along the way for well-deserved refreshments.

Over 200 colourful guests are then expected to welcome the rally at the historic Shelbourne Hotel, where a fun-filled lunch and a charity auction will follow.

Senator David Norris will round off the celebrations by reading an extract from James Joyce’s Ulysses.

Proceeds of the charity event go to the IYF.

The Bloomsday Messenger Bike Rally and Lunch has, over the past 17 years, raised more than €600,000 for community and voluntary groups throughout the country, who work to create positive differences in the lives of children and young people facing adversity.

When: Friday, 18th June 2010
Time: 9:00am
Location: Wolfe Tone Statue, St Stephen’s Green

We recommend you keep an eve out for cyclists around the city and cheer them on

www.Bikelaw.ie

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

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.)

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