Month: February 2016

Judge Increases Settlement of Crèche Scar Injury Compensation Claim

A judge at the Circuit Civil Court has increased the settlement of a five-year-old´s crèche scar injury compensation claim from €40,000 to €55,000.

Ruth Reilly was just two years of age when, in October 2013, she was left unattended by staff at the Giraffe Childcare Crèche in Navan, County Meath. While she was alone, Ruth tripped and fell – banging her head against a wall of the facility and sustaining a deep cut to her forehead.

An ambulance was called, and Ruth received treatment for her injury at the crèche before being taken to Our Lady of Lourdes Hospital in Drogheda to have the wound closed with stitches. As a result of her accident, Ruth has a permanent and visible scar on her forehead.

Through her father, Seamus Reilly, Ruth made a crèche scar injury compensation claim – alleging that her accident and injury was a result of the staff´s negligence. Liability was admitted by the crèche’s owners and a €40,000 offer of compensation was made.

Although acceptable to Ruth´s parents, as the crèche scar injury compensation claim had been made on behalf of a child, the settlement had to be approved by a judge before the claim could be resolved. Consequently the case went to the Circuit Civil Court, where it was heard by Mr Justice Raymond Groarke.

At the approval hearing, Judge Groarke was told the circumstances of the accident and that Ruth is very conscious of the scar on her forehead. Judge Groarke agreed that it was “nasty and noticeable at a conversational distance”. The judge then said that the €40,000 offer of settlement did not reflect the full value of Ruth´s crèche scar injury compensation claim.

The judge increased the settlement to €55,000 – commenting that increase was not a criticism of the way in which the defendant had handled the case.

Woman Awarded Compensation for a Slip and Fall in a Dublin Bar

A woman from County Offaly has been awarded €90,000 compensation for a slip and fall in a Dublin bar after a hearing into her claim at the High Court.

Sharon Kelly was a guest at a thirtieth birthday party being hosted at the Arc Café Bar on Fonthill Road, Dublin, on 28th May 2011 when – at around 1:00am in the morning – she left the rest of the party to visit the toilets.

As she walked across the wooden floor of the bar´s lobby, Sharon slipped on some liquid on the floor and fell – dislocating her thumb as she landed. As a result of her slip and fall accident, Sharon was in pain for several months and has lost some feeling in the top of her thumb.

Sharon claimed compensation for a slip and fall in a Dublin bar, but the bar´s owners – Lackabeg Limited – denied liability for her injuries on the grounds that the bar had a comprehensive cleaning system in place.

As consent to assess the claim for compensation for a slip and fall in a Dublin bar was denied, the Injuries Board issued Sharon with an authorisation to pursue her claim in court. The hearing was heard late last week by Mr Justice Anthony Barr.

At the hearing, the bar´s legal representatives argued that Sharon had been drinking for five hours before slipping and falling, and that she was wearing four-inch heels at the time of her accident.

However, after reviewing CCTV footage of Sharon´s accident and hearing from two witnesses that the toilets had been in poor condition that evening, Judge Barr found in Sharon´s favour.

Saying that he was convinced that there had been liquid on the floor of the bar´s lobby and that “people cannot be expected to look at the floor when walking across a bar”, the judge awarded Sharon €90,000 compensation for a slip and fall in a Dublin bar.

Company Prosecuted for Crushed Leg Injury at Work

A manufacturer of concrete sports equipment has been prosecuted for breaches of health and safety regulations that resulted in a crushed leg injury at work.

The company – Bendcrete Leisure Ltd of Stalybridge in Manchester – is well-known for the manufacture of concrete sports equipment such as climbing walls and skate parks. The company also manufactures concrete table tennis tables for outdoor use.

On 20th February 2015, five of the concrete table tennis tables were being prepared for transportation – the first four having been balanced on top of two half-empty resin barrels. As the fifth one was lowered, the weight was too much for the resin barrels and the stack collapsed.

The unnamed employee had been operating the lifting crane from alongside the stack of table tennis tables and, when the stack collapsed, the tables fell on top of him – crushing his legs. Colleagues were able to release the employee and he was taken to Wythenshaw Hospital by ambulance.

The Health and Safety Authority (HSE) conducted an investigation into the crushed leg injury at work and found that the task of manoeuvring the concrete table tennis tables had not been planned, supervised or carried out safely.

The HSE subsequently prosecuted Bendcrete Leisure Ltd for breaches of Section 2 (1) of the Health and Safety at Work etc. Act 1974 and, at Trafford Magistrates´ Court, directors of Bendcrete Leisure Ltd plead guilty to the charges.

After hearing that the employee had spent ten weeks in hospital recovering from his crushed leg injury at work and has been unable to work since, magistrates fined the company £12,000 for the health and safety breaches and ordered the company to pay an additional £3,495 in costs.