News

Woman awarded €16,400 in fall from defective chair in Supermacs (via Independent.ie)

A woman who claimed she injured her buttock, back and abdomen when she hit the ground, having fallen from a defective chair in Supermacs, has won her case for damages despite CCTV showing she did not impact the ground during the incident.

Pamela Dudgeon, (57) of Woodlands Grove, Coosan Road, Athlone, Co Westmeath, was awarded €16,400 in damages at Galway Circuit Court after a contested civil action.

Ms Dudgeon, a carer, said she suffers ongoing lower back pain after the incident at a Supermacs outlet in Eyre Square, Galway, on January 6, 2017.

In her claim for damages, Ms Dudgeon told her doctor, solicitor and several expert witnesses she fell and hit the ground when the chair she was sitting on fell from under her.

In November 2020, the High Court ruled that Supermac’s Ltd did not have to provide footage of the incident to Ms Dudgeon which was sought as part of the discovery process.

Supermacs argued that providing the footage to the plaintiff would allow her to “mend her hand” in circumstances where the footage may not support her version of events.

Mr Justice Barr said he was satisfied she did not need the footage to progress her claim, as Supermac’s had already admitted the chair broke and was defective.

To read the full story please visit:
https://www.independent.ie/irish-news/courts/woman-awarded-16400-in-fall-from-defective-chair-in-supermacs-41689723.html

Glass factory worker who was struck by several sheets of glass which fell from trolley awarded €120,000 (via Independent.ie)

A glass factory worker who sustained injuries to his lower limbs in a work accident has been awarded €120,000 by the High Court.

James Molloy (59), who was struck by several sheets of glass which fell from a trolley, is also entitled to a further sum for loss of earnings into the future which will be finalised at a later date.

Mr Molloy, Knight’s Crescent, Nenagh, Co Tipperary, sustained compression injuries to his lower limbs, back as well as several lacerations as a result of the accident at Tipperary Glass Ltd of Railway Road, Templemore Co Tipperary, on March 16, 2018.

Liability in the case had been admitted by Tipperary Glass and the action was before the court for assessment of damages only.

Mr Justice Garrett Simons said that Mr Molloy was entitled to €75,000 in general damages plus a further €38,000 in damages for a loss of earnings to date.

To read the full story please visit:
https://www.independent.ie/irish-news/courts/glass-factory-worker-who-was-struck-by-several-sheets-of-glass-which-fell-from-trolley-awarded-120000-41643927.html

Proposed changes to duty of care law aimed at reducing insurance costs (via Irish Times)

Reform is to balance a business’s duty of care with personal responsibility of customers

There will be changes to the law on duty of care under proposals aimed at reducing insurance which have been approved by the Cabinet.

The aim of the planned insurance reforms is to balance a property owner or business’s duty of care with personal responsibility of customers or members of the public.

Tánaiste Leo Varadkar said the plans are an “important part of what we are doing to make insurance more available and less expensive for customers, community groups, clubs and businesses and to give them more choice of insurers.”

He added: “I believe it strikes a new, fairer and more reasonable balance, between the steps an owner or operator of a premises must take to keep their customers and visitors safe, and what individuals themselves can be expected to take responsibility for when entering a business, club or community building”.

To read the full tory please visit:
https://www.irishtimes.com/news/politics/proposed-changes-to-duty-of-care-law-aimed-at-reducing-insurance-costs-1.4881717