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€64k for a sore bum? I'm off to Dunnes for some "shopping"!

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  • 07-07-2016 12:45pm
    #1
    dr.fuzzenstein
    Banned (with Prison Access) Posts: 16,635 ✭✭✭✭


    http://www.irishtimes.com/news/crime-and-law/courts/high-court/woman-who-fell-in-dunnes-stores-awarded-64-000-1.2705466

    I have to say, €64k is a nice bit of money for falling on your arse. So far so the usual for the lottery of stupidity.
    But the standout bit for me was:
    He noted Ms Prior accepted, since the accident, that she did high energy dance routines as part of her musical performances and other activities, some of which were posted on social media.

    Also:
    Noting the online posts, the judge said Ms Prior was able to pursue fairly active sporting and recreation activities and it was clear she was “a fit young lady”.

    So, she can dance like the Dickens and pursue many sporting activities. She can't be that "crippled for life" as these people like to cry in court.
    Mod: <snip>


«1345678

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    #2
    Fleawuss
    Closed Accounts Posts: 2,681 ✭✭✭Fleawuss


    To use the idiotic americanism, it seems that there is money in claiming to be "butt hurt".


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    #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    dr.fuzzenstein wrote: »
    So, she can dance like the Dickens and pursue many sporting activities. She can't be that "crippled for life" as these people like to cry in court.

    As long as there's easy payouts for compo vultures, there will be bogus claims such as this one.

    Not sure she cried crippled for life at all, the Judge said she was a good witness.

    Not sure anyone claimed it was a bogus claim. If you say there was fraud involved, that's a very serious claim and you should contact the Gardaí, not stick it up here.

    Not sure it was an easy payout, it was a fully contested claim.


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    #4
    The Moldy Gowl
    Closed Accounts Posts: 19,889 ✭✭✭✭The Moldy Gowl


    She will have constant back pain after her gigs becuase she fell in Dunnes becuase they didn't clean up milk.
    Do you think she should stop her job?

    These threads are always a witch hunt


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    #5
    selastich2
    Registered Users Posts: 419 ✭✭selastich2


    Not another one who was a dancer before the accident...it seems to be a common theme :rolleyes:


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    #6
    Zillah
    Registered Users Posts: 17,371 ✭✭✭✭Zillah


    Despite her injuries Ms Prior had tried to get on with her life but “would pay for her activities in the days after a gig”, he found.

    They don't go into much detail here but the suggestion is that she experiences pain and possibly disability for days after forcing herself through something vigorous.

    Regardless, judging a case by a couple of lines in a brief news article is incredibly stupid. The judge, an expert on law, listened to days or possibly weeks of evidence and decided she had suffered enough to warrant a pay out. Are we sure a handful of lines from a Times article puts us in a position to contradict him?


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    #7
    The Moldy Gowl
    Closed Accounts Posts: 19,889 ✭✭✭✭The Moldy Gowl


    Zillah wrote: »
    They don't go into much detail here but the suggestion is that she experiences pain and possibly disability for days after forcing herself through something vigorous.

    Regardless, judging a case by a couple of lines in a brief news article is incredibly stupid. The judge, an expert on law, listened to days or possibly weeks of evidence and decided she had suffered enough to warrant a pay out. Are we sure a handful of lines from a Times article puts us in a position to contradict him?

    Any time I read these threads, they are always judged by a paragraph from the article.


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    #8
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    In all of these threads that people are posting, it is just so obvious that the business was in the wrong and not anybody else.


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    #9
    Lyaiera
    Registered Users Posts: 5,818 ✭✭✭Lyaiera


    dr.fuzzenstein wrote: »
    So, she can dance like the Dickens and pursue many sporting activities. She can't be that "crippled for life" as these people like to cry in court.

    These people? Like this person who never made that claim.
    Noting the online posts, the judge said Ms Prior was able to pursue fairly active sporting and recreation activities and it was clear she was “a fit young lady”. However, she would have to adapt her lifestyle to take account of her condition.

    Overall she was “a truthful witness” who had not attempted to “overstate” her injuries and was “genuine in her complaints”, he found.
    Well done on your quote mining dr.fuzzenstein. It's amazing how even a brief article like the one on the ITs can be mis-portrayed, to support a completely untruthful claim like yours. Of course no-one would consider actually going reading the article for themselves.


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    #10
    Allinall
    Registered Users Posts: 6,599 ✭✭✭Allinall


    dr.fuzzenstein wrote: »
    http://www.irishtimes.com/news/crime-and-law/courts/high-court/woman-who-fell-in-dunnes-stores-awarded-64-000-1.2705466

    I have to say, €64k is a nice bit of money for falling on your arse. So far so the usual for the lottery of stupidity.
    But the standout bit for me was:



    Also:



    So, she can dance like the Dickens and pursue many sporting activities. She can't be that "crippled for life" as these people like to cry in court.
    As long as there's easy payouts for compo vultures, there will be bogus claims such as this one.

    Were there many in the public gallery of the court when you were down to listen and witness the full details of the case?


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    #11
    Nermal
    Registered Users Posts: 2,624 ✭✭✭Nermal


    The Moldy Gowl wrote: »
    She will have constant back pain after her gigs becuase she fell in Dunnes becuase they didn't clean up milk.

    Back pain cannot be proven, so no compensation should be paid for it.

    The medical evidence for back pain amounts to a doctor signing a form saying 'this guy says he has back pain'.


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    #12
    Stasi 2.0
    Closed Accounts Posts: 295 ✭✭Stasi 2.0


    The upside of high awards from accidents is that businesses are given a powerful incentive to be damn careful about the health and safety of their staff, customers and the general public which can only be a good thing.

    The misplaced sympathy for a company like Dunnes is pretty laughable.


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    #13
    dr.fuzzenstein
    Banned (with Prison Access) Posts: 16,635 ✭✭✭✭dr.fuzzenstein


    OK, consensus seems to be that €64k is a reasonable payout for falling on your arse.
    I hope you will also think that car insurance going north of €1k is also reasonable.
    Its a stupid amount of money. And anyone who suggests the system isn't milked mercilessly by anyone who has suffered any kind of scratch and owie is a bit "innocent" I would say.
    I could walk into Dunnes, find a puddle, "fall" on my arse and get a payout. And I don't even have to pretend to hobble about for a while afterwards. I could do with the money.


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    #14
    Stasi 2.0
    Closed Accounts Posts: 295 ✭✭Stasi 2.0


    dr.fuzzenstein wrote: »
    I could walk into Dunnes, find a puddle, "fall" on my arse and get a payout. And I don't even have to pretend to hobble about for a while afterwards. I could do with the money.

    If you are suggesting that is what the lady in question is done that is quite possibly defamation. I look forward to you defending that one in court.


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    #15
    Allinall
    Registered Users Posts: 6,599 ✭✭✭Allinall


    [QUOTE=dr.fuzzenstein;100279406]OK, consensus seems to be that €64k is a reasonable payout for falling on your arse.
    I hope you will also think that car insurance going north of €1k is also reasonable.
    Its a stupid amount of money. And anyone who suggests the system isn't milked mercilessly by anyone who has suffered any kind of scratch and owie is a bit "innocent" I would say.
    I could walk into Dunnes, find a puddle, "fall" on my arse and get a payout. And I don't even have to pretend to hobble about for a while afterwards. I could do with the money.[/QUOTE]

    How on earth did you come to that conclusion?


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    #16
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Seems fairly reasonable to me. She's 32 and will likely find herself struggling with back problems getting worse and worse as the decades wear on. Once the damage to your back is done, is basically doesn't go away.


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    #17
    The Moldy Gowl
    Closed Accounts Posts: 19,889 ✭✭✭✭The Moldy Gowl


    Nermal wrote: »
    Back pain cannot be proven, so no compensation should be paid for it.

    The medical evidence for back pain amounts to a doctor signing a form saying 'this guy says he has back pain'.

    Can't be proven? Fair enough. So let's assume she is guilty and milking the system. Sounds like a compromise.

    She looks and appears like a decent person to me and one who wants to continue on her with her life doing her gigs.


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    #18
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,719 Admin ✭✭✭✭✭hullaballoo


    dr.fuzzenstein wrote: »
    OK, consensus seems to be that €64k is a reasonable payout for falling on your arse.
    I hope you will also think that car insurance going north of €1k is also reasonable.

    Witch hunt. What has a fall in Dunnes Stores, a supermarket, got to do with the cost of car insurance?

    The fact that car insurance has gone up is because insurance companies are greedy. Payouts have been more or less static for a decade or more at this point and lawyers have reduced their fees by 30-70% in some cases.

    I don't know the details of this case, just like you, but I do know that for the award to be €64k, there must be some significant loss to the Plaintiff. You don't get that kind of money for just having a sore back on its own.


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    #19
    tina1040
    Registered Users Posts: 478 ✭✭tina1040


    Nermal wrote: »
    Back pain cannot be proven, so no compensation should be paid for it.

    The medical evidence for back pain amounts to a doctor signing a form saying 'this guy says he has back pain'.

    So what happens to the people who have ongoing back and neck pain from an accident that was caused by another? Should they get nothing where the person with a broken bone is compensated?


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    #20
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    seamus wrote: »
    Seems fairly reasonable to me. She's 32 and will likely find herself struggling with back problems getting worse and worse as the decades wear on. Once the damage to your back is done, is basically doesn't go away.

    This is what a lot of people don't seem to understand - this and the woman that dislocated their ankle - while they might seem trivial, the effects last a lifetime.


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    #21
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Nermal wrote: »
    Back pain cannot be proven, so no compensation should be paid for it.

    The medical evidence for back pain amounts to a doctor signing a form saying 'this guy says he has back pain'.

    That's why, of course, the reports amount to a lot more than a reference to pain and contain details of examinations and observations, and a lot more than the form you suggest.

    If back injury cannot be proven, do you think the health sector should continue to throw money at nurses, doctors and consultants who deal with back issues, or should patients be turned away by doctors unless they show an actual physical issue that shows up on an xray?


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    #22
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    hullaballoo wrote: »
    The fact that car insurance has gone up is because insurance companies are greedy. Payouts have been more or less static for a decade or more at this point and lawyers have reduced their fees by 30-70% in some cases.
    Stricter solvency rules came into effect on 1st January.
    Insurance companies have been aware of these coming for ages but decided to ignore it until it actually happened and are now furiously loading the burden onto their customers in order to build their reserves. They chose to do this rather than quietly build their reserves in the background pver the last 7 years.

    Of course they're blaming it all on high payouts and insurance fraud because they want to cover up their poor governance and financial mismanagement.


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    #23
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,719 Admin ✭✭✭✭✭hullaballoo


    seamus wrote: »
    Stricter solvency rules came into effect on 1st January.
    Insurance companies have been aware of these coming for ages but decided to ignore it until it actually happened and are now furiously loading the burden onto their customers in order to build their reserves. They chose to do this rather than quietly build their reserves in the background pver the last 7 years.

    Of course they're blaming it all on high payouts and insurance fraud because they want to cover up their poor governance and financial mismanagement.

    No no no.

    It's the €14-16K whiplash payouts that are crippling these multi-billion euro business. I am sure of it.


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    #24
    CosmicSmash
    Registered Users Posts: 1,906 ✭✭✭CosmicSmash


    Another keyboard warrior starting threads about something they know little about. It would give me great pleasure if she spent some of that money suing you for defamation.


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    #25
    Ronald Wilson Reagan
    Closed Accounts Posts: 282 ✭✭Ronald Wilson Reagan


    I strained my neck applying some sun scream this morning, who do I have to sue to get some moolah justice?


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    #26
    foxy farmer
    Registered Users Posts: 3,194 ✭✭✭foxy farmer


    Highly likely that Dunnes will appeal the award. They usually contest any case vigorously.


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    #27
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    foxy farmer wrote: »
    Highly likely that Dunnes will appeal the award. They usually contest any case vigorously.

    They are no shrinking violets. Afair they have their own in house legal team, and would know a lot more about slip and fall cases than pretty much most of the legal teams they come up against.

    That and employment law...


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    #28
    dr.fuzzenstein
    Banned (with Prison Access) Posts: 16,635 ✭✭✭✭dr.fuzzenstein


    Stasi 2.0 wrote: »
    If you are suggesting that is what the lady in question is done that is quite possibly defamation. I look forward to you defending that one in court.

    I'm saying that falling on your arse and getting money for it is the easiest thing to do in this country.
    If you don't get greedy and just ask for something "reasonable" like €20k, it won't even make it to court. Get a neckbrace, a doctor's cert, you will have money pressed into your sweaty palm in not time.
    I find it naive in the extreme that nobody seems to think this sort of fraud is going on all the time.
    And yes, I have had a bad back. As in a proper bad back, a "can't even get out of bed" bad back. The last thing you will do is sing and dance or pursue any other kind of other vigorous sporting activity. If you are properly injured, there is no such thing as just making yourself do it and to fight through the pain.
    And if you are fit enough for all of that, well then your back just isn't that bad. At least not what I would describe as €64k bad.


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    #29
    The Backwards Man
    Closed Accounts Posts: 18,299 ✭✭✭✭The Backwards Man


    Sore back my hole.

    She never spent a day gathering spuds or threshing corn in her life.


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    #30
    duffman3833
    Registered Users Posts: 1,036 ✭✭✭duffman3833


    bubble wrap everything, that's how to stop this


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    #31
    Nermal
    Registered Users Posts: 2,624 ✭✭✭Nermal


    The Moldy Gowl wrote: »
    Can't be proven? Fair enough. So let's assume she is guilty and milking the system.

    I didn't say that. She may perfectly well be telling the truth about her pain, but we have no way of verifying that, so we should not be awarding damages for it.
    tina1040 wrote: »
    So what happens to the people who have ongoing back and neck pain from an accident that was caused by another? Should they get nothing where the person with a broken bone is compensated?

    They should get nothing for symptoms not backed up by physical evidence.
    Deleted User wrote: »
    If back injury cannot be proven, do you think the health sector should continue to throw money at nurses, doctors and consultants who deal with back issues, or should patients be turned away by doctors unless they show an actual physical issue that shows up on an xray?

    Not really, it's not expensive to treat back pain that has no obvious cause. A prescription for some painkillers won't break the bank.


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