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Injuries Compensation

Court Hears Claim for a Restaurant Employee Slip and Fall Accident

Posted: December 12th, 2016

The Circuit Civil Court has heard a claim for a restaurant employee slip and fall accident made by a woman who worked at Dublin´s Heuston Station.

In May 2013, the twenty-five year old woman was working at the open air restaurant outside Heuston Station in Dublin, when she slipped on pigeon droppings and fell sideways on her knees and back, suffering soft tissue injuries to her ankle, knees and lower back.

The woman made a claim for a restaurant employee slip and fall accident against her employer – Heuston Refreshment Rooms – and Córas Iompair Éireann (CIE) for failing to deal with a serious pigeon problem that has affected travellers and staff at the Dublin station.

Both defendants denied their liability and refused their consent for the Injuries Board to assess the claim for a restaurant employee slip and fall accident. The Injuries Board subsequently issued the woman with an authorisation to pursue her claim through the courts system.

The hearing to determine liability was heard by Mr Justice Raymond Groarke at the Circuit Civil Court in Dublin. At the hearing Judge Groarke heard that the plaintiff had often had to shoo pigeons away from the open air tables and had reported the problem to her employer.

Representatives of the Heuston Refreshment Rooms told the judge that the restaurant had complained to CIE, but the measures that CIE had implemented to resolved the problem – including introducing a hawk to which the pigeons had become acquainted – had proved to be ineffective.

Judge Groarke found in the plaintiff´s favour and awarded her €22,500 compensation in settlement of her claim for a restaurant employee slip and fall accident. The judge ruled that both defendants were aware the pigeons were a problem and a potential cause of injury; and, although granting judgement against both defendants, he would make an order in favour of the restaurant against CIE.

New Book of Quantum to Make Settlements Consistent

Posted: September 26th, 2016

In the coming weeks, a revised Book of Quantum is to be introduced to Irish in an effort to update compensation settlements awarded to injured parties.

First published in 2004, the book of Quantum is a reference publication used by solicitors, judges and insurance companies to determine the amount of compensation the victim of an accident is entitled to. The book accounts for a range of of physical injuries and provided estimates of settlements based upon severity and permanence of the injury.

However, over the past few years, an increasing number of professionals have come out to criticise the Book of Quantum, claiming that it is outdated and no longer compensates fairly. Judges and solicitors have increasingly ignored the guidelines provided, or instead will take the highest value given. This leads to various inconsistencies in the settling of compensation claims.

As a result, Ireland’s senior judges engaged in discussions with the Courts Services and the Injuries Board concerning a revision of the Book. A team analysed around 52,000 personal injury claims made in Ireland between 2013 and 2014, using these data to create a new reference text. This new Book of Quantum will be published in the next few weeks, and many hope that it will restore consistency to the system.

Revisions include a recalculation of the estimates provided to account for inflation and an increase in the number of subcategories for both severity and permanence. This allows those settling a claim to award more appropriate figures of compensation depending upon the injury.

The Book of Quantum only accounts for physical injuries inflicted upon to the injured party. He or she may also be able to claim for emotional trauma or financial losses: as such, it is best to consult a solicitor before embarking on a claim for personal injuries compensation.  

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