Accidents at Work*
This website is about the law. That’s why it is also about politics. They go together. The Irish political class has wrecked Ireland economically, but its faults do not finish there. Political careers need money and other supports. A politician can trade public policy for that money and/or support. In other words, a policy can be promoted by people in circumstances where they appear to be independent; they do not appear to have any personal interest in the outcome, but […]
The Irish system underpinning the recovery of costs in Irish litigation is derived from British practice and systems but lags behind developments there. The basic principle is that the client is responsible for paying his or her costs and may only recover those costs in the event of winning. The corollary of the second leg of the prior sentence is that the client is responsible for ALL costs in the event of losing. That means that the client is liable […]
Here at McGarr Solicitors we do not make “awards” of damages for personal injury claims. We do not have that power. We do not claim to have that power.
However, neither does the Injuries Board have that power, even though they tell the unsophisticated members of the press that they do have that power.
Modern people, sportsmen/women excepted, are most at risk of serious injury when travelling on the road. The energy bundled in a motor car, or other vehicle, is considerable. If that energy is suddenly blocked, which is what happens in a typical car accident, it must go somewhere and, unfortunately, it sometimes goes into us. Then you are injured and the nature and extent of that injury is determined by chance. Make no mistake; as a society, we have planned these accidents. […]
Work can be dangerous. According to a newspaper report, Cork County Council workers were working on the public road in hazardous circumstances. They had, allegedly, created the hazard for themselves and passing traffic. Their superiors were, reportedly, upset to hear of the incident. Any such upset is understandable for a number of reasons. Road repair is a work of civil engineering and is regulated by the Construction Regulations 2006. Planning and correctly executing construction or engineering works is important. The […]
The Injuries Board is also called the Personal Injuries Assessment Board. It was established by statute in 2003. Every person wishing to recover compensation for a personal injury inflicted by wrongdoers must first apply to the Injuries Board for an assessment of the value of the claim. The Board has issued an article today (26th March 2013) and Patricia Byron, Chief Executive, went on Morning Ireland for an interview. The upshot of the article and the interview is this; personal […]
One in three accidents at work occurs in connection with “manual handling”. Employers owe a legal duty of care to their employees. The duty of care includes taking reasonable steps to ensure the health and safety of employees and to avoid accidents at work. The precise terms of the duty of care may be found in the law of negligence or it may be found in a statute, as a precise legal rule. In the case of the obligation to […]
Perfect justice does not exist. When a person is injured, by the fault of another, only a money payment is available in law to compensate him or her. This inadequacy is unavoidable. Recently, in Ireland, a generation of politicians, civil servants and some lawyers, decided to trade even this inadequacy to further their prospects and careers. They promoted the interests of the defence in personal injury claims, over the interests of the injured plaintiff and some still do so. They […]
With very little bother or trouble, the Oireachtas could and should remedy a real and persistent injustice for many injured persons. In Hu -v- Duleek Formwork Ltd & Anor [2013 IEHC 50, the High Court declined to make a declaration that the Plaintiff was entitled to the benefit of an insurance contract taken out by the insolvent Defendant company. The insurance company, Aviva, took issue with the Defendant’s failure to pay the excess of €1,000 which, as between the Defendant and […]
We are rightly worried about our beef burgers. The supposed international criminal conspiracy undermining the meat industry is easily located; it is the meat industry. But the meat industry is not unique. Consider our bread. We have been suspicious about it for a long time. When white bread was invented or introduced it was popular with the rich; they felt more confident that they were not eating bread contaminated with mouse droppings or insects or their body parts. (Bleached excrement […]