Month: May 2015

Farmyard Fall Injury Compensation Claim Settled at Hearing

A man who lost his senses of taste and smell in a farmyard accident has settled his farmyard fall injury compensation claim at a hearing of the High Court.

Con Oxley from Cullahill in County Laois was preparing to install light fittings at a barn on a farm in nearby Ballacolla when, on 11 August 2008, a plank suspended between two boxes cracked as he stepped onto it.

Con fell 2.5 metres (eight feet) onto the floor of the barn owned by farmer Mark Quigley, hitting his head on the floor of the barn and suffering brain damage. In addition to losing his senses of taste and smell in the accident, Con lost partial sight in his left eye.

After seeking legal advice, Con made a farmyard fall injury compensation claim against Quigley – alleging that the planks he had been provided with to navigate the barn had been unsuitable for the job and that Quigley had failed to provide any form of intermediate support beneath the planks to ensure his safety.

Quigley denied that he was responsible for Con´s injuries and the Injuries Board issued an authorisation so that Con could pursue his farmyard fall injury compensation claim through the courts. However, before a date for a hearing could be set, liability was agreed on a 50/50 basis – with Con agreeing to a €300,000 compensation settlement without an admission of liability from Quigley.

At the High Court, Mr Justice Kevin Cross said the agreement was a good one in the circumstances. Had Con´s farmyard fall injury compensation claim gone to a full hearing, the judge said, Con´s contributory negligence for failing to inspect the planks would have been called into question. Judge Cross approved the settlement and closed the case.

€30,000 Injury Compensation for a Fitness Club Accident Awarded at Court

A judge at the Circuit Civil Court has awarded €30,000 injury compensation for a fitness club accident to a hotel supervisor from Dublin.

Timea Babos (30) was a guest at the West Wood Club in Dublin when, on 13th November 2011, she decided to go for a swim after coming out of the club´s sauna. Timea dived straight into the pool, but hit her face on the bottom of the pool and broke her two upper front teeth.

Bleeding heavily from her mouth, Timea completed an accident report form at the reception of the fitness club reception. She then attended her doctor´s surgery, where the bleeding was stopped and Timea was prescribed painkillers.

Two weeks later, Timea flew to Hungary to have crowns fitted to her broken teeth and, on her return she sought legal advice about claiming injury compensation for a fitness club accident. Her claim was initially submitted to the Injuries Board for assessment, but the West Wood Club denied liability for her injuries.

Consequently, the Injuries Board issued Timea with an authorisation to pursue her claim for injury compensation for a fitness club accident through the courts, and Timea´s solicitor filed the case with the Circuit Civil Court – claiming that there were no signs displayed warning of the shallow depth of the pool nor a lifeguard on duty to prevent Timea from diving in

The solicitor also arranged for a forensic engineer to inspect the pool; which he described as being unusual because it had no deep end. The forensic engineer found that the depth of the pool was only 1 metre 35 centimetres throughout (about four foot) and that there were inadequate signs to warn guests of the risk of injury.

At the Circuit Civil Court, Judge Jacqueline Linnane heard the West Wood Club argue that Timea was partly liable for the cause of her injury because of the manner in which she had dived into the pool after failing to check it´s depth.

The judge was also told that there were inadequate warnings around the perimeter of the pool and a lack of supervision in the pool area. The judge dismissed the West Wood Club´s argument that Timea had contributed to her injuries through her own negligence and awarded her €30,000 injury compensation for a fitness club accident.

Claim for an Accident at Dublin Airport Settled at High Court

A disputed claim for an accident at Dublin Airport has been settled at the High Court with the allocation of one-third contributory negligence against the plaintiff.

Sixty-nine year old Elizabeth Lavin arrived at Dublin Airport on 2nd November 2011 with the intention of flying to Manchester. As she was travelled towards Terminal 2 departures on the escalator, it suddenly juddered, causing Elizabeth to fall forward over her hand luggage and hit her head on the metal stairway.

Elizabeth – from Kilcullen in County Kildare – was taken to the Beaumont Hospital in Dublin, where her head injury and minor lacerations were treated. She subsequently had to undergo orthopaedic treatment for pain in her arm, hip and knee after trying to manage the pains with painkillers. Elizabeth still has scars on her face and her upper lip from her accident.

A claim for an accident at Dublin Airport was submitted to the Injuries Board, but Dublin Airport Authority PLC denied liability for Elizabeth´s accident. The Injuries Board issued an authorisation for Elizabeth to pursue her claim for an accident at Dublin Airport through the courts, and it was heard this week by Mr Justice Michael Hanna.

At the High Court, Judge Hanna heard Elizabeth´s legal representatives claim that Dublin Airport had failed to take reasonable care of her safety. They also alleged that the Airport Authority had been negligent when designing the airport, so that the only apparent way in which passengers with luggage could reach the upper level of Terminal 2 was by escalator.

Dublin Airport argued that Elizabeth had failed to appropriately use the handrail of the escalator and had contributed to the accident by placing her hand luggage in front of her, instead of behind her. The airport produced CCTV footage to show how Elizabeth´s accident had occurred, and also told the judge that the option of a lift was available to passengers with luggage.

Judge Hanna then heard that Elizabeth was unaware that the option of a lift was available because signs directing passengers to the lift were not erected until 2013. The judge said that Elizabeth could not be considered to have contributed to the accident for failing to appropriately use the handrail or for placing her hand luggage in front of her.

However, the judge said that she could have asked a member of the airport staff to direct her to the lifts. In this respect, the judge said, Elizabeth should take some responsibility for her injuries. He assigned Elizabeth one-third contributory negligence and reduced the settlement of her claim for an accident at Dublin Airport from €60,000 to €40,000.