Jogger Awarded Compensation for a Trip and Fall Injury on Council Land

A jogger has been awarded €60,000 compensation for a trip and fall injury on council land after the council attempted to argue that the claim was fraudulent.

On September 18th, 2011, the male jogger tripped on a hole in the surface of a footpath in the Clondalkin caravan site in Dublin. When he fell, he fractured a knuckle on his right hand which he subsequently had to undergo surgery for and has since been left with a scar.

As the caravan site is owned and managed by South Dublin County Council, the jogger claimed compensation for a trip and fall injury on council land. The council disputed liability and argued the man – who was a keen boxer – had injured his knuckle in a fight.

Due to the dispute over liability, the case went to the High Court where it was heard by Mr Justice Anthony Barr. During the hearing, it was disclosed that the man had been involved in a car accident the previous day in which he had suffered soft tissue injuries to his neck and back.

The council used this information to express doubts that the man would have gone jogging the day after an accident, and repeated its argument that the injury had been sustained in a boxing match. However, judge Barr accepted the evidence of a medical witness, who testified that the man was just trying to run off his soft tissue injury.

The judge concluded this was a “credible explanation” for why the man had been jogging on the morning after a car accident, and awarded him €55,000 compensation for a trip and fall injury on council land – increasing the award by €5,000 to account for the aggressive manner in which the council had pursued their argument the claim was fraudulent.

Judge Barr said in his closing remarks that the evidence suggested the plaintiff was injured in the manner in which he had claimed. He added there was no evidence to suggest the jogger was making a fraudulent claim, and he was entitled to the additional compensation for the upset caused to him by the nature of the unsuccessful defence put forward by South Dublin County Council.

Claims for Car Accident Injuries Settled in Court

Two claims for car accident injuries compensation – made by plaintiffs injured in the same accident – have been settled for a combined total of €37,500.

The two injured plaintiffs were travelling in the same car from Dublin to Newry for a pre-Christmas shopping expedition in November 2013. While driving along the M1 at a speed of 80-90kmph, the sun roof of the car they were travelling in blew off. Alarmed at the sudden noise and the rush of air entering the car, the driver – one of the two injured plaintiffs – braked hard.

The rapid deceleration of the vehicle caused the two plaintiffs and three other family members travelling in the car, to suffer whiplash-type injuries. Two children strapped into child seats were unharmed. The second plaintiff – the driver´s 72-year-old mother – suffered the worse injuries of all, including a compression fracture to one of the vertebrae in her lower back.

The injured members of the family made claims for car accident injuries against the showroom from which the car had been purchased just four months earlier. It was alleged in the claims for car accident injuries that the sun roof had been faulty and the fault should have been identified by the dealer – Denis Mahony Limited of Kilbarrack Road in Dublin.

Mahony´s denied liability for the faulty sun roof and the plaintiffs´ injuries, but – at the Circuit Civil Court in Dublin – Mr Justice Raymond Groarke was told that corrosion found around the remaining frame of the sun roof would have been present on the Toyota at the time it was sold. According to the testimony of an independent motor assessor, the corrosion led to the sun roof blowing off.

Judge Groarke said he accepted that the sun roof flying off at 90kmph would have been a terrifying experience and understood why the driver plaintiff had applied the brakes so sharply. He awarded the driver of the car €12,500 compensation and her mother €25,000 compensation in settlement of their claims for car accident injuries.

Toxic Chemical Exposure Claims at Casement Airbase

The Journal published an article about toxic chemical exposure claims at Casement Airbase and the effects chemicals had on servicemen and their families.

According to the article, a former Air Corps mechanic has made toxic chemical exposure claims at Casement Airbase to highlight a lack of health and safety procedures. The “whistle-blower” has alleged that servicemen, their partners and their children have suffered illnesses and development issues – and in some cases death – due to exposure to carcinogenic and mutagenic chemicals.

The claims were made under a protected disclosure agreement in an address to Ministers, TDs, senators and a Defence Forces representative. They were supported by documentation claiming twenty former servicemen may have died due to the exposure to toxic chemicals. Five children born with cancer-related conditions or birth defects are also claimed to have died due to their parents´ exposure.

The former Air Corps mechanic told the assembly: “I have come across several personnel whose wives have had multiple miscarriages both in serving and in retired personnel. In one case, a retired member’s wife had eight miscarriages in succession. I am also aware of three personnel who shared in an office in Casement´s engineering wing whose wives all had a miscarriage in the same six-month timeframe.”

The latest toxic chemical exposure claims at Casement Airbase are in addition to six personal injury claims already being made against the Defence Forces by former air corps servicemen. In their claims the former servicemen claim they were exposed to high levels of the restricted substance dichloromethane for up to twelve years despite the Defence Forces being aware of the health risks.

The Defence Forces have also been threatened with prosecution by the Health and Safety Authority (HSA) who last year conducted an inspection of the working conditions at Casement Airbase. Among a series of faults at the airbase, inspectors found a failure to conduct risk assessments or provide personal protective equipment to personnel working with hazardous substances.

When asked to comment on the latest toxic chemical exposure claims at Casement Airbase, a spokesperson for the Department of Defence told the Journal an independent investigator was reviewing the claims and there would be no comment until the final report was received and studied. A spokesperson for the Defence Forces told the Journal: “Given these matters are subject to litigation, it would be inappropriate to comment further.”

Judge Reluctant to Approve Compensation for an Eyebrow Injury

A judge has said he is reluctant to approve a settlement of compensation for an eyebrow injury until the impact of the injury in later life is known.

The proposed settlement of compensation for an eyebrow injury was in a relation to a claim made on behalf of a four-year-old girl, who was injured in an accident while travelling with her mother on a Dublin bus in 2015.

The accident occurred when the bus driver braked suddenly to avoid an unmarked garda car that had pulled out into a bus lane. Although strapped into her buggy, the girl – who was twenty-two months old at the time – hit her head on an upright support of the bus.

Following the accident, the girl was taken to Temple Street Children´s Hospital, where a cut on the girl´s forehead was cleaned and sealed with seristrips. Although a barely visible scar remains, it is possible that the girl´s eyebrow hair will not develop normally as she gets older.

A claim for compensation for an eyebrow injury was made by the girl´s mother on her daughter´s behalf. Dublin Bus and the Garda Commissioner accepted liability for the injury, and a settlement of compensation amounting to €10,000 was offered to the family.

As the claim for compensation for an eyebrow injury had been made on behalf of a minor, the proposed settlement had to be approved by a judge before it could be finalised. Consequently, at the Circuit Civil Court last week, Mr Justice Raymond Groarke was told the circumstances of the accident and the consequences of the injury.

Judge Groarke inspected the young girl´s eyebrow and said he could still see a visible scar. He commented that, as it was difficult to tell if the girl had made a complete recovery, he was reluctant to approve the settlement at this stage. He adjourned the approval hearing for six weeks in order that a medical report could be prepared on how the injury may interfere with the growth of the girl´s eyebrow hair in the future.

Sanofi Acknowledges Valproate Birth Defect Claims

The drug manufacturer Sanofi has issued a statement acknowledging the valproate birth defect claims being made against the company in a French class action.

The drug responsible for prompting the valproate birth defects claims is Depakine – an anti-epilepsy drug that has been available in Ireland since 1983 under the trade name Epilim. Epilim contains an active ingredient – sodium valproate – that stabilises electrical activity in the brain and has therefore also been prescribed for bipolar disorder, migraine and other chronic pain conditions.

When taken by pregnant mothers, the risk exists that the sodium valproate will be absorbed as valproic acid in the bloodstream and affect the health of their unborn child. In Ireland, children born after being exposed to valproic acid can suffer from spina bifida, autism and a range of congenital and development issues under the umbrella term “foetal valproate syndrome”.

The risks were first identified in France in the 1980s – where Depakine had been prescribed since 1967 – but no formal announcement was made to the medical profession by Sanofi until 2006. Even then, few medical professionals were aware of the side effects until France´s social affairs inspectorate – IGAS – investigated valproate birth defect claims in the Rhone-Alpes region last year.

IGAS´ research revealed that around 450 babies in the region had been born with congenital defects between 2006 and 2014 after being exposed to valproic acid. The report called for a warning to be printed on the outside of each box of Epilim advising pregnant women not to take the drug, and also promoted a much deeper study of the risks by France’s National Agency for the Safety of Medicines (ANSM).

The results of that study were recently released following an investigation into the health of 8,701 children, born to women known to have taken Depakine while pregnant between 2007 and 2014. The results revealed that up to 4,100 children had been born with “severe malformations” and many hundreds more had died in the womb or been delivered stillborn.

Following the release of the study, Sanofi issued a statement in which the company said: “We are aware of the painful situation confronting the families of children showing difficulties that may have a link with the anti-epileptic treatment of their mother during pregnancy.” However, the statement has not satisfied parents of the children affected by the side effects of Epilim, and they have started a class action of valproate birth defect claims to recover compensation for their children.

In Ireland, Epilim is still sold without a warning in large type on the front of the packet, and it is not known how many children have been born with birth defects due to being exposed to valproic acid. If a member of your family has been affected by this tragic situation, and you would like to know more about valproate birth defect claims, you should speak with a solicitor at the first possible opportunity.

Judge Approves Settlement of Spanish Holiday Injury Claim

A judge at the Circuit Civil Court has approved the settlement of a Spanish holiday injury claim after being told there may be a doubt over liability.

The Spanish holiday injury claim resulted from an accident in the swimming pool of the Sol Principe Hotel in Torremolinos in which an eight-year-old girl was injured. The girl had been swimming in the pool when another holidaymaker dived in. Unfortunately the holidaymaker landed on top of the girl and pushed her to the bottom of the pool, where she cut her chin on the tiles.

The girl´s father took her to a local medical centre, where the injury was treated. On the family´s return to Ireland, the girl´s father sought legal advice and – on his daughter´s behalf – made a Spanish holiday injury claim against the owners of the Sol Principe Hotel and the Irish travel agent through whom the family holiday had been booked.

In the Spanish holiday injury claim, it was alleged there had been a failure by the hotel to take adequate safety precautions while guests were using the pool. It was claimed that the accident could have been prevented with adequate supervision and, that as a result of the accident, the girl had suffered pain and discomfort and experienced a disturbance of her social and recreational life.

The allegations were denied by the defendants and a full defence entered against the Spanish holiday injury claim. An offer of compensation based on what the family would receive if the claim was successfully heard in Spain was declined, and a second offer of settlement was forthcoming – the offer of €12,500 being accepted by the family on advisement of their solicitor.

As the Spanish holiday injury claim had been made on behalf of a minor, the settlement had to be approved by a judge. Consequently, at the Circuit Civil Court in Dublin, the circumstances of the accident and details of the offer were related to Mr Justice Raymond Groarke. After hearing that the girl had a 1cm scar on her chin as a result of the accident, but liability may be in doubt if the case went to a full hearing, Judge Groarke said he was happy to approve the settlement in the circumstances.

Woman Awarded €25,000 in Settlement of Taxi Passenger Accident Claim

A violinist who claims she is unable to practise because of a shoulder injury has been awarded €25,000 in settlement of her taxi passenger accident claim.

The thirty-three year old woman made her taxi passenger accident claim following a rear-end accident on 8th March 2012 on Wexford Street in Dublin. She claimed that, despite the impact between the two vehicles not being particularly significant, she had suffered a soft tissue injury to her right shoulder that prevented her from practising the violin without pain.

The woman was prescribed painkillers by her GP after seeking medical attention the following day, but claims the medication has not resolved her injury. She applied to the Injuries Board for an assessment of her taxi passenger accident claim and, although the negligent driver admitted liability for her injury, the woman rejected the proposed settlement.

An authorisation was issued by the Injuries Board in order that the woman could pursue her taxi passenger claim in court. The hearing for the assessment of damages took place earlier this week before Mr Justice Raymond Groarke, who was told that the woman was an accomplished musician who had successfully auditioned for Sweden´s International Chamber Music Festival.

Judge Groarke noted that the evidence in the case suggested that the woman´s soft tissue injuries would have healed soon after the accident as they were “not very serious”, however he also acknowledged that this was an exceptional case as the woman needed a perfect shoulder on which to rest her violin and practise.

Judge Groarke dismissed claims made by the insurance company representing the defendant that her injury was unrelated to the accident and, although admitting that the medical evidence in the case was “conflicting”, he awarded the woman €25,000 in settlement of her taxi accident compensation claim.

Claim for an Accident in a Sewerage Plant Resolved at Court

A claim for an accident in a sewerage plant, that left an employee with an ongoing back issue, has been resolved at the High Court.

The plaintiff – a former employee of the decommissioned Templemore sewerage plant in County Tipperary – was working at the plant on 3rd February 2010, when he slipped on sewerage waste that had overflowed from the inlet channels onto the path.

As a result of his slip and fall accident, the plaintiff sustained a back injury and, for several weeks, experienced headaches. Due to the ongoing back issue, he was unable to return to his maintenance job that mostly consisted of cleaning the flume surrounds.

The plaintiff applied to the Injuries Board for assessment of his claim for an accident in a sewerage plant, but consent to conduct the assessment was denied by his employers – Templemore Town Council. The Injuries Board issued an authorisation for the plaintiff to pursue his claim through the court system.

The claim was heard this week at the High Court, where Mr Justice Raymond Fullam was told that the council had allegedly failed to provide the plaintiff with a safe system of work and the appropriate tools to carry out his duties.

In its defence, Templemore Town Council argued that, as cleaning the pathways was one of plaintiff´s duties, he should have dealt with the situation before it became a hazard. The council also argued that, if the plaintiff needed further tools to complete his duties, he should have asked for them.

Judge Fullam agreed that the hard standings of the flume were in a bad state on the day of the accident, and said that the total value of the plaintiff´s claim was €79,000. However, the judge attributed the plaintiff with 40% contributory negligence to the cause of his accident and subsequently decreased the settlement of the claim for an accident in a sewerage plant to €47,400.

Claim for a Creche Trip and Fall Injury Settled by Negotiation

A woman´s claim for a creche trip and fall injury has been settled by negotiation for an undisclosed amount during a hearing to determine liability.

In January 2015, the twenty-six year old childcare worker was employed by the Precious Minds creche in Lucan, Dublin, when she was asked by a senior member of staff to help her change nappies in the babies room. The woman was looking after a group of one and two year old children at the time, but she complied with the request, taking the children who were awake with her.

The woman´s colleague left the babies room shortly after to attend to other matters – leaving the young childcare worker alone with nine children. While she was helping one of the children, the woman tripped on a plastic plate that had been left on the floor injured her back as she fell to the floor. She was subsequently diagnosed with a soft tissue injury, from which she still suffers.

The woman made a claim for a creche trip and fall injury to the Injuries Board. However, Precious Minds withheld their consent for the assessment to be conducted on the grounds that the childcare worker was responsible for ensuring the floor was free of hazards that could harm the children, and had therefore contributed to the cause of her accident by her own lack of care.

The Injuries Board issued the woman with an authorisation so that she could pursue her claim for a trip and fall injury through the courts. The hearing took place last week before Judge Brian O´Callaghan, who was told by counsel for the creche that the plaintiff was the author of her own misfortune. However, a forensic engineer testified on behalf of the plaintiff that the creche had created an unduly stressful situation by leaving the woman with nine children to care for.

Following a brief adjournment, Judge O´Callaghan was informed that the claim for a creche trip and fall injury had been settled by negotiation for an undisclosed amount and without an admission of liability. The judge commented that it was good that the two parties had reached an agreement, and he awarded the woman her legal costs before striking her claim.

Judge Awards Employee Compensation for a Fall at Heuston Station

A judge at the Circuit Civil Court has awarded a former restaurant employee compensation for a fall at Heuston Station caused by a slip on pigeon droppings.

On May 15th, 2013, the twenty-five year old former employee was serving customers and clearing tables at the Heuston Refreshment Rooms, when she slipped on pigeon droppings and fell. Due to the way in which her right leg wen from under her, and the way she fell sideways onto her knees and lower back, the woman suffered significant soft tissue injuries to her knees, ankles and lower back.

After receiving medical attention, the woman applied to the Injuries Board for an assessment of compensation for a fall at Heuston Station. The two parties she considered liable for her injuries – Heuston Refreshment Rooms and Córas Iompair Éireann (CIE) – declined to give their consent for the assessment to proceed, and an authorisation was issued to pursue her claim in court.

The claim was heard earlier this week by Mr Justice Raymond Groarke at the Circuit Civil Court. At the hearing Judge Groarke was told that the plaintiff´s duties were often interrupted by the need to shoo pigeons away from customers and their food. It was alleged that groups of pigeons visited the restaurant six to seven times each day and that the woman´s employers were aware of the problem.

In its evidence, the restaurant said it was aware the pigeons and their droppings created a hazard, and that it had complained to CIE on numerous occasions. Unfortunately, the measures implemented to deter the pigeons from entering the station – including spikes, humane traps and a hawk on a pole with which the pigeons had become acquainted – had failed to be effective.

At the end of the hearing, Judge Groarke found in the plaintiff´s favour. He said that her accident had been completely foreseeable and completely preventable, and he awarded her €22,500 compensation for a fall at Heuston Station in settlement of her claim, plus a further €2,148 to account for her special damages. The judge added that, although he was finding against both defendants, he would make an order in favour of the restaurant against CIE.