Call McGarr Solicitors on: 01 6351580

Home » Blog » Tort » Page 2

Tort

Now, this bell tolling for another, says to me, thou must die

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 […]

More

British is Better

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 […]

More

Slip and Fall Accidents

Supermarkets are common locations of slips and falls. The customer numbers are high and the material to cause the slips is readily to hand. Under the Occupiers Liability Act 1995 an occupier is obliged to take;  “… such care as is reasonable in all the circumstances…….to ensure that a visitor to the premises does not suffer injury or damage by reason of any danger existing thereon” There is a danger in supermarkets that stuff will fall to the floor and […]

More

Our Risky Environment

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 […]

More

The Connacht Gold wall accident

The Health and Safety Authority is a good institution but an odd one. It was established under the Safety, Health and Welfare at Work Act 2005. It has as its central purpose, as recited in Section 34 of that Act, “to promote, encourage and foster the prevention of accidents, dangerous occurrences and personal injury at work in accordance with the relevant statutory provisions” So, oddly enough, when some customers were killed and injured in the Connacht Gold shop in Longford, […]

More

How to read a newspaper (continued)

Noted in the Irish Times, 2nd February 2013, page 6. “Eoin was born in moderate condition at 6.35 am on July 30th, 2002, without any inherent defect or genetic abnormality, as the hospital, among various claims, had alleged”. This sentence means the hospital alleged Eoin … “was without any inherent defect or genetic abnormality”. This cannot have been the case; there would have been no proceedings, for the newspaper to report, otherwise. IT SHOULD READ: “Eoin was born in moderate […]

More

Corrib Gas update

The State parties appealed the judgment of Laffoy J. to the Supreme Court. The appeal came on for hearing before the Supreme Court on 24th October 2012 and finished that day. Judgment has been reserved.

More

A Letter to Minister Shatter

In Ireland, and the UK, the judiciary, generally, follow a practice of awarding costs of the action to the victor.

More

Work Injury: Heat

Heat cramps will very likely ensue caused by a loss of salt through perspiration. Continued lack of attention to the problem can lead to heat collapse . There are variations of tolerance between individuals but heat collapse will ensue in more than two thirds of cases where body heat reaches 40-43° C. The worker will abruptly lapse into a coma. He/she will require immediate hospitalisation and immediate attempts to lower the body temperature. If the worker is to survive, his/her deep body temperature must be reduced to at least 40° C.

More

Accidents at Work: the Safety System (5)

An estimated 3.4 million workers were treated in emergency departments in 2004 (the most recent data available) because of occupational injuries, and approximately 80,000 were hospitalized

More