Month: October 2017

Cost of Compensation Claims taken Against the State Increase to €2.2bn

Following another busy year for personal injury claims the overall amount of money paid out in compensation claims against the State increased by almost a fifth to €2.2 billion by the end of 2016.

In a report released by the State Claims Agency at the end of September there is more evidence that the cost of the compensation claims taken against the State has continued to increase. The State Claims Agency is the body is responsible for managing legal cases brought against the State.

By the end of last year the approximate cost of outstanding compensation actions against the State had grown by €400m to €2.2 billion, an increase of 22 per cent, during the 12 months of 2016.

Notable Increases Shown in Stage Claims Agency Release

  • 8,900 legal compensation actions were classified as pending against the State at the end of 2016. This figure was just 6,000 in 2011.
  • A 24% increase, from the 2015 figures, in legal actions was experienced.
  • There were approximately 2,300 legal actions against the State during 2016..

Other reasons for the increase include a recent Supreme Court ruling. This ruling stated that compensation sums paid to anyone who successfully sues for damages should be higher as the returns on the cash they are due to receive have fallen. This resulted in increased amounts awarded in compensation.

The State Claims Agency, established in 2001 handles personal injury, clinical negligence and property damage claims taken against State bodies. It is part of the National Treasury Management Agency (NTMA).

The NTMA is responsible for the National Assets Management Agency (Nama) and New Era, which oversees commercial State companies.

Compensation Settlement of €25,000 Aprroved Following Fall in Tayto Park

An injury compensation claim, resulting from a boy (8) falling from a playground tower at Tayto Park in 2012, has been settled for €25,000 in the High Court.

Now aged 13, Conor Bolger of Briarfield Road, Kilbarrack, sued Ashbourne Visitor Centre Ltd, Co Meath trading as Tayto Park, through his father Brian Bolger due the the injuries he suffered in the incident on March 25, 2012. Conor had to undergo surgery to have pins inserted in his lower arm which he fractured near his elbow

Mr Bolger’s Legal team argued that the playground tower was overcrowded and Conor fell due to this. Additionally, they said, the area on the ground surrounding the tower, one of the main attractions in the park at the time of the incident, was not adequately covered by protective wood chips when the fall occurred. It was also alleged that there was not a sufficient system of constant inspections and safety checks implemented at Tayto Park at the time of the incident. Had this been in place it would have been seen that the protection was not adequate at prior to the fall.

He (Conor) fractured his left elbow as a result in the fall and had his elbow was in a cast for a month. Pins were inserted below his elbow during an operation.

David McGrath SC stated that Ashbourne Visitor Centre (Tayto Park) denied the claims and argued that Mr Bolger was climbing the playground tower when he simply “just fell”. Mr McGrath SC claimed that there was no inadequacy with the structure of the tower itself.  Despite this Counsel advised the High Court that the Bolger family were satisfied with proposed settlement of €25,000 for playground accident compensation.

High Court Justice Kevin Cross approved the proposed compensation settlement, commenting that the scar on Mr Bolger’s elbow was not “too upsetting” and that Conor, a basketball player, could have had his enjoyment of the sport damaged due to the injuries experienced.