Tag: burns injury compensation claims

€15,000 Kitchen Burns Injury Compensation Awarded at Court

A chef has been awarded €15,000 kitchen burns injury compensation after a judge heard that a hose used for cleaning the kitchen was not fit for purpose.

Shijun Liu was usually employed as a chef at the Howards Way Restaurant in Rathgar. However, in March 2013, he was working at the venue´s sister establishment in Churchtown, when he attempted to help a kitchen cleaner who was trying to free the kinks in a domestic hose used to clean the kitchen.

As Shijun and the cleaner tried to untangle the hose, scalding water was suddenly sprayed at the chef. Shijun – who was unfamiliar with the cleaning practises at the Churchtown establishment – was taken to the VHI Clinic in nearby Dundrum, where he was treated for severe scald burns on his ankle.

Due to the nature of his injury, Shijun was unable to return to work for two weeks. He subsequently claimed kitchen burns injury compensation against his employer – Declan Howard trading as Howards Way Restaurant – but Howard denied his consent for the Injuries Board to conduct an assessment of the claim.

The Injuries Board issued Shijun with an authorisation to pursue kitchen burns injury compensation through the courts. After seeking advice from a solicitor, Shijun continued with his legal action, and a hearing to determine liability for his injury took place earlier this week at the Circuit Civil Court.

At the hearing Mr Justice Raymond Groarke heard that the hose used to clean the Churchtown restaurant was not fit for purpose as it could not withstand the heat of the water and softened the more it was used. Judge Groarke found in Shijun´s favour and awarded him €15,000 kitchen burns injury compensation – commenting that he had found Shijun´s testimony very compelling.

Claim against an Airline for being Scalded by a Hot Drink made in New York

An injury compensation claim against an airline for being scalded by a hot drink has been made in New York against the Irish airline Aer Lingus.

The claim against an airline for being scalded by a hot drink was made by the mother of a young boy, who suffered burn injuries “as a result of scalding hot liquid” being spilled on him during a flight from Dublin to John F Kennedy International in June 2014.

The boy´s mother alleges that her son´s injuries were attributable to the negligence of Aer Lingus´ flight crew and that he is now “deprived of his enjoyment of life, pursuits and interests and in the future will be deprived on the same”.

Aer Lingus denies any claims that a member of its flight crew was negligent but, under the Montreal Convention, is liable to pay injury compensation if any passenger suffers any injury during a flight – irrespective of who was at fault for the injury.

Negotiations to settle the claim against an airline for being scalded by a hot drink are scheduled to get underway later this month and Aer Lingus has requested copies of the boy´s medical records to assess compensation for being scalded by a hot drink the boy may be entitled to.

Another Claim for being Scalded by a Hot Drink already in Mediation

This is the second claim against an airline for being scalded by a hot drink that has been made against Aer Lingus in recent months. Last August, another claim was filed against Aer Lingus in Jacksonville, Florida, on behalf of a ten-year-old girl scalded when hot tea was spilled onto her during a flight from Dublin to Orlando the previous month.

The girl´s parents are claiming $75,000 compensation from Aer Lingus on the grounds that – prior to her injury – their daughter was a “successful amateur competitive surfer”. The parents allege that the injuries sustained by the girl around her lower torso and upper thighs have caused her to suffer embarrassment and mental anguish as well as physical pain and suffering.

In the claim against an airline for being scalded by a hot drink, the parents allege that Aer Lingus failed to serve the tea “at a safe temperature” and failed to alert passengers to the “known dangers and the excessive and unreasonable temperature of the hot tea”. They also allege that Aer Lingus failed “to properly train flight attendants of the dangers of serving excessively hot tea to its passengers”.

Aer Lingus is disputing how much compensation for being scalded by a hot drink the girl is entitled to, but her parents are arguing that they will have to spend “great sums of money” on their daughter´s future medical care in addition to how much the accident has already cost them. This claim against an airline for being scalded by a hot drink is in mediation.

Aer Lingus Settles Previous Claim against an Airline for being Scalded by a Hot Drink

A much earlier claim against an airline for being scalded by a hot drink – this time in Ireland – has already been settled by Aer Lingus. On this occasion, five-year-old Sophie Gorman from Knocklyon in Dublin was scalded on an Aer Lingus flight from London, when tea placed on the tray in front of her mother spilled onto her leg due to the lid not being properly affixed.

On her daughter´s behalf, Sophie´s mother made a claim against an airline for being scalded by a hot drink. Aer Lingus did not contest the claim and made an offer of €7,000 compensation. In July 2012, the settlement offer was approved by Mr Justice Matthew Deery after hearing that Sophie´s burn had healed considerably after antibiotic cream prescribed by her GP had been applied, but that Sophie had a permanent skin pigmentation irregularity due to her injury.

Judge Approves Settlement of Compensation for Electrocution Injuries

A judge at the High Court has approved a €700,000 settlement of compensation for electrocution injuries in favour of a seventeen year-old-boy.

On July 3rd 2008, Kurt O´Callaghan was just ten years of age when he and his friends from Wexford City were playing in woodland near their homes. After helping make a camp, Kurt decided to put a “Keep Out” sign on a nearby electricity pole. Kurt climbed the wall of an adjacent housing estate to reach the pole, but as it started nailing his sign onto it, Kurt nailed into a high-voltage electric cable.

The force of the subsequent shock blew Kurt off of the wall, and he was fortunate inasmuch as a passing motorist saw the accident and was able to take him to hospital. Kurt was later transferred to the Children’s Hospital in Crumlin, where he spent the next three months receiving treatment for severe burns to his head, neck, shoulders, chest, and hands. Kurt may need further skin grafts in the future.

Through his mother – Denise – Kurt made a claim for compensation for electrocution injuries against the Electricity Service Board (ESB). In his legal action it was claimed that the ESB knew – or should have known – that a risk of injury existed, and that there had been a failure by the ESB to consider the wall Kurt had used to access the electricity pole as a risk due to its proximity to the electricity cables.

The claim for compensation for electrocution injuries was supported by a report compiled by an expert electrical engineer. The report was critical of the ESB for not identifying the risk of danger and, in addition to stating that the ESB had failed in its statutory requirement to ensure that electricity poles were inaccessible to a height of three metres, the electrical engineer found 52 other nails that had been used to hang posters.

The ESB denied liability for Kurt´s injuries, and the claim for compensation for electrocution injuries was scheduled for a full court hearing. However, prior to the hearing, a €700,000 settlement of the claim was agreed and a hearing was arranged for the settlement to be approved. At the approval hearing, Mr Justice Kevin Cross said that it was a good settlement in the circumstances as – if Kurt´s claim for compensation for electrocution injuries had gone to a full hearing – he may have been accused of contributory negligence.

Steep Rise in Compensation Claims for Burns and Scalds at Work

The Injuries Board has released figures which show a steep rise in compensation claims for burns and scalds at work between 2011 and 2012.

Stephen Watkins – the Director of Corporate Services at the Injuries Board – has published a press release on the Injuries Board website in which he describes the increase in compensation claims for burns and scalds at work as “worrying”.

He points to figures from 2011 and 2012 in which the number of accepted Injuries Board assessments in relation to burns and scalds in the workplace rose from twenty-eight to forty-two, with a total assessment value of €1.33 million and an average compensation award of €19,066.

Mr Watkins describes the various ways in which workers can sustain burns and scalds at work, and listed the most frequent reasons for applications being submitted to the Injuries Board:

  • Boiling water overflowing
  • Splashes from hot liquids and sauces
  • Chemical and acid burns
  • Items of clothing catching fire
  • Scalds from faulty electrical equipment

The highest individual award over the two-year period was €106,949 – relating to burns sustained in an acid spill – but Mr Watkins commented that the highest number of compensation claims for burns and scalds at work were made by plaintiffs working in the catering trade and in cleaning.

It was also highlighted that something as simple as making a hot drink could result in an injury at work, and Mr Watkins urged both employers and employees to be aware of safety precautions when in the presence of any substance or equipment that could result in a painful burn injury.

In 2012, the Health and Safety Authority´s “Summary of Workplace Injuries” showed that female employees are three times more likely than their male counterparts to sustain burns and scalds in the workplace, due to the higher percentage of females employed in catering and cleaning.

It should also not be overlooked that, in 2012, the percentage of accepted Injuries Board assessments fell from 37.2 percent to 32.7 percent – indicating that there may have been a further 100 compensation claims for burns and scalds at work which were resolved outside of the Injuries Board process.

Compensation for a Burn Injury at Work Awarded at the Circuit Civil Court

A refuse worker, who suffered an injury when a hydraulic cable on a garbage truck burst and sprayed its contents into his eyes, is to receive €15,565 compensation for a burn injury at work after his claim was heard in the Circuit Civil Court.

Kamil Kozlowski (30) from Part West Point in Dublin was emptying bins in Sandyford Road in July 2011 when a hydraulic cable on the back of the garbage truck burst, spraying hot oil into his eyes. An ambulance was quickly on the scene, and Kamil received first aid before being taken to the Royal Victoria Eye and Ear Hospital – where his eyes were rinsed and a course of eye drops was prescribed.

However, Kamil – who believed at the time of the accident that he may be permanently blinded – continued to suffer pain in his left eye and experience problems with his vision and, after seeking legal advice, made a claim for a burn injury at work against his employers – Panda Waste Services Ltd of Navan, County Meath.

Panda Waste Services admitted their liability for Kamil´s eye injury, but the two sides could not reach an agreement over how much compensation for a burn injury at work Kamil was entitled to receive. Eventually the case was taken to the Circuit Civil Court in Dublin where it was heard by Judge Alison Lindsay.

The judge, after hearing the circumstances of Kamil´s accident and the injury he sustained, awarded him €15,565 in compensation for a burn injury at work.

Tassimo Recall Likely to Lead to Burns Injury Compensation Claims

Claims for compensation for burns are likely to follow the recall of the Tassimo coffee maker in the United States and Canada, after the makers acknowledged that at least 160 cases of burn injuries and scalding were attributable to a design fault.

More than 1.7 million Tassimo coffee machines have been taken from store shelves in North America after the Consumer Product Safety Commission (CPSC) found that the machine´s T-disc – the plastic pot containing the coffee – could explode and shower bystanders with scalding water. Thirty-seven occurences of second-degree burns have been reported to the CPSC, including the case of a two-year-old girl who was hospitalised after suffering burns to her face.

The Tassimo coffee makers, which are still for in the UK, have been marketed worldwide since 2008, and the Tassimo coffee maker recall has been extended to include 4 million Gevalia, Maxwell House and Nabob espresso T-discs still believed to be in circulation in American grocery stores. The recalled discs are for sale in packets of eight and sixteen and, like the Tassimo coffee making machines, are still available in stores in the UK.

Compensation claims for Tassimo burns are likely to be made against BSH Home Appliances Corporation – the makers of the Tassimo coffee makers – who are located in Irvine, California. Burn injury compensation for a burn from a Tassimo coffee maker should also account for any permanent scarring resulting from a Tassimo coffee maker burn and – especially when a child has been scalded by a Tassimo coffee maker – consideration should be made for any ongoing psychological injury.