Case Study

Case summary:

Incident:

Paula and her husband were doing their shopping in a shopping centre. While guiding her shopping cart down the moving walkway, Paula encountered a slippery substance that caused her to lose her footing and fall. There was no cautionary signs or alerts indicating the presence of the hazard that led to her injury.

Paula and her husband noticed that the slippery liquid had come from a fire extinguisher as several of them were nearby and clearly had been tampered with. The foam had dispersed across the floor and coated the lower part of the moving walkway.

Paula’s husband immediately attempted to locate a staff member to discuss his wife’s accident and the unsafe zone at the scene. Unfortunately, he was unable to source an employee, so they returned home to tend to Paula’s injury. They telephoned the centre when they arrived home and notified them of the CCTV footage that had a direct view of the scene of her accident. The staff reviewed the footage and apologised for the inconvenience.

Subsequently, Paula sought medical advice to address the tingling sensation she was experiencing around the coccyx, lumbar spine and buttocks region. Following an MRI scan, it was revealed that she had sustained a fracture in her sacrum, along with the presence of degenerative discs and minor disc bulges in two sections of her spine. An irregularity was also noted in her coccyx.

To help her recovery, she actively participated in physiotherapy and pilates sessions, underwent injections, and took prescribed medication to alleviate her discomfort.

Paula is a primary school teacher, which requires her to stand for long periods of time and maintain mobility throughout the day. Unfortunately, the accident has had a profound effect on her ability to do her job.

She continued to suffer with pain and difficulty, due to her limited capacity to sit for only 20 minutes and stand for no more than 10 minutes. This considerable restriction significantly hampered her daily routine and her effectiveness within the classroom. Furthermore, she was unable to drive for more than 20 minutes without encountering discomfort.

As a result of the negligence of the staff on duty this particular day, failing in their responsibility to alert customers of the spillage or to remove the slippery substance, Paula made the decision to initiate a legal claim against the store.

Case progression:

Court proceedings were instigated, and the case was brought to a successful conclusion.

Case settlement:

The case was settled in the Four Courts on the 12^th of July 2023 for the sum of €45,000. This was a great result for an admirable client, we are proud of all the work put in by Philip and his team to achieve this brilliant outcome.

*Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. What does no win no fee mean?

   Solicitors fees are based on a number of factors:

   • Complexity and urgency of your case
   • Paperwork involved -the amount of paperwork, medical records etc., that need to be obtained and examined
   • The amount of time spent by the personal injury solicitor and their legal assistant on the matter
   • Skill, knowledge and expertise
   • Whether costs can be recovered from the other side will play a role in whether you will have to pay legal fees or whether the other side will have to pay them for you.

   Speaking with a solicitor is the best first step you can take if you are concerned about legal fees, they will explain to you exactly how it all works and put your mind at ease.

   You may find some solicitors operate on a no win no fee basis which means that if your personal injury claim is not successful then there is no charge to you. It is important to note that while this is a common practice in the industry the Law Society of Ireland regulate how a solicitor’s firm can advertise their services, one of these regulations is that a solicitor’s firm cannot advertise ‘no win no fee’ services and any solicitor found advertising these serves will be found to be in breach of the regulations. Keep this in mind when choosing your solicitor to represent you.

2. What information will I need for my solicitor to make a claim?

   In order for your solicitor to proceed with a personal injury claim for you they will need the following information:

   • Details of the person who caused the accident.
   • Names, addresses and contact information of any witnesses to the accident.
   • Where available, photographs of the location of the accident, paying particular attention to the item or area where the accident happened.
   • Name of Gardaí/police and station where the accident was reported- names of any Gardaí who attended the scene of the accident (where applicable).
   • Medical records detailing any injuries/treatment following the accident.
   • Details of any costs incurred following the accident.
   • Details of any loss of earnings and details of any future loss of earnings if you are to be out of work for a long period of time.
   • Cost of medical treatment-details of future medical treatment needed.

3. Will I have to go to court?

   Every case is different and each case comes to a resolution differently. In the majority of personal injury cases, the person making the claim will not step foot into a courtroom.

   It is possible that the person at fault will seek to settle outside of court and your case will be settled in a settlement meeting attended by you, your solicitor and barrister to negotiate your settlement.

   Ultimately, it is entirely up to you whether to accept the settlement offered. If you do not accept then it will move to a court hearing where a judge will decide how much your settlement will be.