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The Cabinet has agreed to amend insurance legislation in order to make it harder for personal injuries claimants to take legal action against businesses and community groups

The move will also limit circumstances where a court can impose liability on the occupier of a premises where a person has entered it to commit an offence.

The amendments are aimed at reducing the cost of insurance cover.

Justice Minister Helen McEntee said she has Cabinet backing to amend the Occupiers’ Liability Act in a bid to rebalance the duty of care.

It comes as courts have been repeatedly accused of imposing an absolute duty of care on businesses, charities, sports clubs and community groups, and of ignoring the role played by the injured party themselves.

The duty of care refers to the obligations placed on people to act towards others in a certain way, in accordance with certain standards.

Ms McEntee said occupiers’ duty of care responsibilities must be balanced with personal responsibilities, including those of consumers.

The reforms proposed include a voluntary assumption of risk.

To read the full story please visit:
https://www.independent.ie/business/personal-finance/insurance/burglars-will-no-longer-be-able-to-claim-for-suffering-injury-41660401.html

Personal injuries board failed to give adequate reasons for award, woman claims

A challenge by a hospital catering assistant to a proposed €11,000 damages award under controversial new guidelines for soft tissue injuries suffered after an oven fell onto her opens on Tuesday at the High Court.

The award was made to Tara Wolfe by the Personal Injuries Assessment Board (PIAB) last June under guidelines slashing awards for minor personal injuries by up to 50 per cent which came into effect last April after being approved by a majority of the Judicial Council.

Ms Wolfe’s judicial review challenge against PIAB centres on her claim the board failed to give adequate reasons for its proposed award of €11,000. Several other challenges brought on reasons grounds have been taken and are awaiting a hearing.

To read the full story please visit:
https://www.irishtimes.com/news/ireland/irish-news/hospital-caterer-challenges-award-under-new-personal-injury-guidelines-1.4880728

A bride’s wedding dress was stained with blood after she helped one of her guests who was thrown from a buggy and injured at her wedding reception at Kilkea Castle Hotel in Kildare, the Circuit Civil Court has heard.

Judge Gerard Griffin awarded graphic designer David Keane €17,500 after hearing how the driver of the buggy performed a handbrake-style turn, causing an accident in which Mr Keane suffered head, back and knee injuries.

Barrister Tracy Ennis Faherty, instructed by solicitor John Browne of Hussey Fraser, told the court that Mr Keane, following the incident on November 4, 2017, was bleeding from the head and had been helped by two bridesmaids, both doctors.

Ms Ennis Faherty, who appeared with John Browne of Hussey Fraser Solicitors, said her client had also received first aid assistance from the bride, as a result of which her dress had been damaged by blood stains.

The wedding party was not identified in court during Mr Keane’s €60,000 damages claim against the hotel owners.

To read the full story please visit:
https://www.independent.ie/irish-news/courts/brides-wedding-dress-was-stained-with-blood-after-she-helped-guest-injured-in-golf-buggy-accident-41643449.html