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
WORLD DAY OF REMEMBERANCE FOR ROAD TRAFFIC VICTIMS
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 21st 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
23nd 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!
€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
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.
Warning issued to prevent accidents in Freezing Weather conditions
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
Accidents caused by uninsured drivers cost €500,000
The recent publication of Stubbs Gazette shows that the Motor Insurer’s Bureau Of Ireland (the MIBI) obtained judgments against uninsured drivers of over €500,000 in recent weeks.
The MIBI is responsible for compensating victims of road traffic accidents caused by uninsured or unidentified drivers.
This applies to untraced cars which leave the scene of an accident or unknowingly cause injuries to a member of the public.
When these cases are settled by the MIBI,it pursues the uninsured drivers who have caused the injuries to recover the money paid to the victims of such accidents.
The scheme ensures that innocent victims of car accidents ,be they passangers, pedestrians or other motorists are not at a loss for the absensce of insurance on the vehicle which has caused their injuries. In effect the MIBI appoint an insurance company to act in the place of the ‘absent insurer’ so that the injured person is not be at a loss.
The amount of the judgments shows the significant number of cases where the MIBI have a role to play where drivers choose not to insure their cars and unfortunate accidents occur.
If you have queries on the workings of the MIBI or related queries , feel free to e mail our offices
Paul Tracey
11/01/2010
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.
