Month: April 2012

Bank Accident Injury Compensation Agreed out of Court

A lady who was struck on the head by a ceiling brick and a light fitting while at the counter of her local Barclays Bank has agreed to an out of court settlement of injury compensation for an accident in a bank.

The accident occurred to the Barclays´ customer in February 2011 as the woman reached the counter of the bank. A brick fell from the ceiling and hit the lady on her head. As she fell forward, a light fitting and more bricks dropped from the ceiling – hitting the woman at various locations across the neck and shoulders.

Although remaining conscious, the customer sustained a laceration to the top right-hand side of her head and bruising across her shoulders. Movement in her upper arms was restricted by a neck pain and soreness and, for some weeks, the woman – who was prescribed anti-inflammatory tablets along with paracetamol and amytriptyline – suffered from nausea and headaches.

After seeking legal guidance, the woman made an injury compensation claim for an accident in a bank against Barclays, claiming that the bank had breached statutory duty in failing to ensure that the premises were adequately maintained and structurally safe. After investigating the logistics of the accident, the bank accepted liability for the woman´s injuries and injury compensation for an accident in a bank amounting to 1,500 pounds was agreed between the two parties.

Judge Orders CCTV Release in Dublin Bus Injury Claim

A judge in Dublin´s High Court has ruled that Dublin´s bus company has to release CCTV footage to solicitors representing a claimant in a Dublin Bus street accident compensation claim.

The judgement was made by Mr Justice John Hedigan following years of stalling by the bus company and rulings made in the claimant´s favour by the Data Protection Commissioner and Judge Jacqueline Linnane in the Circuit Civil Court. The bus company had argued that the information they possessed about the claimant was privileged and, as potential evidence in litigation, they were not willing to release it.

The Dublin Bus injury claim first started in October 2009, when a female claimant from Dublin alleged that she had suffered an injury aboard a Dublin Bus the previous year. Dublin Bus refused to accept liability for the woman´s injuries and the Injuries Board Ireland declined to assess her application for Dublin Bus street accident compensation.

In preparating for court proceedings, the claimant´s solicitor were advised of the existence of CCTV footage taken aboard the bus and were shown a video relating to their client´s claim for Dublin Bus injury compensation at Dublin Bus´s office. A request for a copy of the video was denied and, even after the claimant´s legal team had complained to the Data Protection Commissioner, Dublin Bus continued to withhold the CCTV footage.

Dublin Bus appealed the Data Protection Commissioner´s decision to release the video and sent their case to the Circuit Civil Court. However, in July 2011, Judge Jacqueline Linnane ruled that the bus company should release the video to the solicitors on the grounds that the claimant had every right by law to ask for access to the CCTV footage in support of her Dublin Bus injury claim and that Dublin Bus had no right to withhold it.

Dublin Bus then chose to delay a resolution to the street accident compensation claim for Dublin Bus injury compensation by appealing Judge Linnane´s decision to the High Court, but Mr Justice John Hedigan found in favour of the claimant, stating that that Dublin Bus had “not raised a point of law giving rise to grounds for overturning Judge Linnane’s decision”.