Month: April 2019

Man With Brain Injury Who Was Removed from Pub Awarded €3,500 Compensation

A settlement has been agreed to pay €3,500 compensation to a man with a brain tumour who was asked to leave a licensed premises in the mistaken belief that he was drunk.

The man had been in the pub celebrating the conclusion of rehabilitative treatment for a brain injury he had suffered. He was also experiencing a bad limp due to his condition at that time. However, employees in the licensed premises believed this to be a sign that he was drunk  and asked him to leave, despite the man’s best attempts at explaining the reasons for this.

The man, who had legal representation provided by the Irish Human Rights and Equality Commission (IHREC), said that the incident “caused him significant distress and embarrassment.” He submitted the action to the District Court for redress under the auspices of Intoxicating Liquor Act 2003.

Once an apology had been made the matter was settled with the need for a court hearing after the licensed premises agreed to pay the individual €3,500 compensation.

Along with this this, the management of the licensed premises have agreed to  to attending a yearly equality training course. No admission of liability was made.

An IHREC spokesman commented: “In addition, the licensed premises also agreed to provide a policy on treating all customers equally and making reasonable accommodation for customers with disabilities in line with obligations under the Equal Status Acts 2000-2018 and Intoxicating Liquor Act 2003,”

IHREC chief commissioner Emily Logan remarked: “As this case demonstrates, issues arising from brain injury should not mean you risk discrimination when out socialising. It is important that people providing services are trained and supported by employers in understanding the varied needs of their customers.”

Ms Logan went on to say that “the Intoxicating Liquor Act is acting as barrier for people in accessing justice when they face discrimination” as it states that claimants must take their case to the District Court. Ms Logan pleaded for these cases to be heard in the non-court setting of the Workplace Relations Commission going forward.

Repaired Road Accident Compensation Award of €64,000 for Man Following Bike Accident

Joseph Kearney (47), who was inflicted with a serious back injury when his bike slipped on a recently repaired roadway where too much bitumen sealant had been applied, has been awarded €64,000 repaired road compensation at the High Court.

Portlaw, Co Waterford resident Mr Kearney took the repaired road compensation claim against Tipperary County Council, the body charged with the upkeep of the road, and Roadstone Wood Ltd, the business which carried out the repairs on the road in question.

Judge Bronagh O’Hanlon told the High Court that is easy to see that Mr Kearney had experienced significant pain and a loss of the amenities of life due to the accident that happened at Ballinaraha, Kilsheelan, Clonmel, Co Tipperary, on December 26 2011.

Judge O’Hanlon, who ruled that Tipperary Co Council and Roadstone Wood were both at fault in the incident, said that both parties appeared to accept the evidence given by Mr Kearney that there had been poor professionalism shown in relation to the work completed on the road repairs. A similar incident had occurred on another part of the same road and a witness to that accident provided evidence in this case.

Judge O’Hanlon said that that Roadstone Wood had completed the road repair works without making sure it had been finished to the proper standard. She added that Tipperary County Council was also at fault as the accident could have been avoided if corrective steps had been applied following the other accident that occured on the same stretch of road.

The court was told that Mr Kearney’s bike accident happened when he was cycling as part of a group of 17 people, cycling two abreast on the hard shoulder of the road in question. Mr Kearney was wearing his helmet and, as he approached a curve on the road, he fell from his bicycle. Judge O’Hanlon said that she believed Mr Kearney had provided his evidence honestly and did not seek to exaggerate accident or his injuries.