Personal Injury Claims
EU-OSHA The European Agency for Health and Safety at Work The European Agency for Safety and Health at Work (EU-OSHA) is an element of the European Union. Its purpose is that of an integrating and educational authority on questions of occupational safety and health for the EU and EFTA and EU membership candidate countries. It has, for example, produced an iPad App to assist employers in making occupational risk assessment. See it HERE. Its full range of publications on Occupational Safety and […]
Having so ratified these conventions, Ireland is, under international law, bound to observe their terms and where required, take positive steps to implement them.
It is charged with developing safety training for everyone concerned with work in Ireland. In addition it will promote research and studies into the prevention of accidents and disease at work.
In 2010, there were 79,287 cases of occupational injury or illness. A little less than half of these were not reportable to the Health & Safety Authority.
It has been known for a very long time that some occupations imply risk and cause injury to workers.
Some of this may be attributable to the imperfections in medical knowledge but mostly it is a failure to think with clarity. There is room for improvement on the part of the medical profession in ascribing causes to illness and death, which do not, in effect, do more than describe symptoms rather than pinpoint causes.
That means that injuries from food poisoning, or road accidents caused by the negligence of drivers or mechanics are all suitable to be litigated under the 1995 Act, conditional on those services causing the injury being part of the “obligations under the contract”.
Medical negligence is a serious problem in Ireland. It needs to be treated in a serious manner.
How can a defendant harass a plaintiff? By bringing a motion to court. The motion will seek orders within the terms of Section 10. Under Section 14 of the Civil Liability and Courts Act 2004 http://www.bailii.org/ie/legis/num_act/2004/0031.html#partii-sec14 a plaintiff must swear, serve and file an affidavit of verification of the pleadings served. This implies that no insufficiency of pleading, if it exists, can be defended. After all, what was pleaded must be true. Is the plaintiff playing fast and loose with […]
Prior to 2004, for not less than fifty years, plaintiffs were not required to give any further details on the issue of proceedings. The plaintiff was, however, obliged to give the details to the defendant before the trial. It was, (and still is), in the plaintiff’s interest to find out those details and to communicate them to the defendant. Only when the defendant knows these things can the defendant readily agree to settle the claim. Settlement is the best outcome of personal injury litigation; there are insufficient judges to adjudicate on all or most claims for personal injury.