€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
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
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
Pesonal Injuries : Higher Number of High Court cases issued in 2008
The Courts services report shows an increase in the number of High Court caes commenced for personal injuries in 2008.
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
