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Boy awarded €35K for Broken Leg, suffered falling through trampoline

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  • 26-11-2014 5:25pm
    #1
    Registered Users Posts: 10,301 ✭✭✭✭


    and somehow, the court ruled it's Smyth's fault.

    How? Sure all they did was sell the product on. As far as I'm aware, Smyths don't have their own line of toys? SO, how could they be negligent?

    Compo culture gone mad!


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Comments

  • Registered Users Posts: 13,981 ✭✭✭✭Cuddlesworth


    As a retailer you're responsible for the goods you sell.


  • Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    The court heard that an forensic engineer had examined the trampoline and was of the opinion that the method used for securing the safety pad was inadequate.

    That seems pretty straight forward to me.


  • Registered Users Posts: 1,521 ✭✭✭bobmalooka


    gerrybbadd wrote: »
    and somehow, the court ruled it's Smyth's fault.

    How? Sure all they did was sell the product on. As far as I'm aware, Smyths don't have their own line of toys? SO, how could they be negligent?

    Compo culture gone mad!

    It's very simple, the contract for the goods was with smyths.

    Smyths probably would be able to sue the company who made the trampoline but they won't, they'll get €35k knocked off their next bill instead.

    Hopefully the kid is ok and the trampoline manufacturers correct the design issue.


  • Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    Don't worry, they'll bounce back.......


  • Registered Users Posts: 4,661 ✭✭✭Fuhrer


    35 grand is a lot for a broken leg.


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  • Registered Users Posts: 2,581 ✭✭✭newport2


    That seems pretty straight forward to me.

    Would it not make more sense for the manufacturer to be held accountable? Surely the likes of Smyths can't run safety tests indvidually on every single product they sell, whereas manufacturers should do this?


  • Registered Users Posts: 8,659 ✭✭✭CrazyRabbit


    My only concern about this is the rather excessive payout.


  • Closed Accounts Posts: 9,396 ✭✭✭Frosty McSnowballs


    Ah me bollix


  • Registered Users Posts: 7,002 ✭✭✭Wossack


    Jawgap wrote: »
    Don't worry, they'll bounce back.......

    aye, the toy racket is full of ups and downs


  • Closed Accounts Posts: 9,622 ✭✭✭Ruu


    Too much money being handed out here. Another one from a few years ago.

    €10,000 and the bike never even hit the child!


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  • Registered Users Posts: 3,728 ✭✭✭dmc17


    Ah me bollix

    Ahh me leg!


  • Registered Users Posts: 516 ✭✭✭wuzziwig


    That's it. My kids are going to bounce like bejaysus when I get home.


  • Registered Users Posts: 1,266 ✭✭✭Overflow


    As a retailer you're responsible for the goods you sell.

    So if i buy a car and i crash it into a wall, breaking my leg, the car dealer is responsible ?


  • Registered Users Posts: 6,565 ✭✭✭jaykay74


    Overflow wrote:
    So if i buy a car and i crash it into a wall, breaking my leg, the car dealer is responsible ?


    Were the brakes faulty or did you just crash through bad driving?


  • Registered Users Posts: 4,649 ✭✭✭elefant


    Overflow wrote: »
    So if i buy a car and i crash it into a wall, breaking my leg, the car dealer is responsible ?

    If the crash is caused by the steering coming loose and a 'forensic engineer had examined the car and was of the opinion that the method used for securing the steering was inadequate' then, yes, they are responsible.


  • Registered Users Posts: 727 ✭✭✭Muirshin Durkin


    You think thats bad, look at this absolute joke!
    A 66-year-old woman, who claimed she had been wrongly accused of not paying for a bucket and mop, on Tuesday settled her €38,000 damages claim for defamation against Woodies DIY Limited.

    http://www.irishtimes.com/news/crime-and-law/courts/woman-who-claims-she-was-wrongly-accused-of-not-paying-for-bucket-and-mop-settles-case-1.2005746


  • Closed Accounts Posts: 472 ✭✭folbotcar


    That explains why there were no trampolines for sale in Smyths when I went looking for one. Most trampolines I see have no gaps to put a foot through. Something of design flaw in the one they sold.

    As for the compo culture well there was the woman who fell on a Shannon cabin cruiser and broke her wrist. She got paid off. It also turned out to be her third claim in the last few years. Very accident prone it seems.

    On the other hand the system encourages claims. Lawyers have a vested interest in encouraging claims.


  • Registered Users Posts: 4,661 ✭✭✭Fuhrer


    folbotcar wrote: »
    That explains why there were no trampolines for sale in Smyths when I went looking for one. Most trampolines I see have no gaps to put a foot through. Something of design flaw in the one they sold.

    As for the compo culture well there was the woman who fell on a Shannon cabin cruiser and broke her wrist. She got paid off. It also turned out to be her third claim in the last few years. Very accident prone it seems.

    On the other hand the system encourages claims. Lawyers have a vested interest in encouraging claims.

    Wasnt there some court set up a few years back to deal with personal injury claims?


  • Registered Users Posts: 510 ✭✭✭CdeC


    Ruu wrote: »
    Too much money being handed out here. Another one from a few years ago.

    €10,000 and the bike never even hit the child!



    Ha, PTSD. To be honest she'll need 10 grand for therapy after being brought up by parents like that.


  • Registered Users Posts: 28,789 ✭✭✭✭ScumLord


    newport2 wrote: »
    Would it not make more sense for the manufacturer to be held accountable?
    The manufacturer could be a Chinese company that's no longer answering the phone. So there's no one other than Smyths to sue.

    I would have thought the manufacturer would be responsible for any design or manufacturing faults. There may be more to the case like Smyths just buying any old cheap crap they come across and have made no efforts to check if it's safe.

    That's why I like to buy European products with European safety standards like TUV or the Kitemark, it shows the company involved has made efforts to make their product safe and there is a process already in place should anything go wrong.


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  • Registered Users Posts: 22,237 ✭✭✭✭endacl


    Overflow wrote: »
    So if i buy a car and i crash it into a wall, breaking my leg, the car dealer is responsible ?

    Nope. The wall builder is.


  • Registered Users Posts: 317 ✭✭cookie24


    Soon enough, as this $hit continues, you'll have to sign release clauses for absolutely everything. Eating in a restaurant, getting a taxi, buying something, going to the cinema, etc, etc.


  • Registered Users Posts: 43,025 ✭✭✭✭SEPT 23 1989


    I can see a flood of trampoline related accidents if this is whats being handed out


  • Registered Users Posts: 3,669 ✭✭✭who_me


    bobmalooka wrote: »
    It's very simple, the contract for the goods was with smyths.

    Smyths probably would be able to sue the company who made the trampoline but they won't, they'll get €35k knocked off their next bill instead.

    Hopefully the kid is ok and the trampoline manufacturers correct the design issue.

    Does it say anywhere how old the trampoline was? I'd have thought any piece of equipment is going to fail at some point, and trampolines typically go through a lot of abuse with little or no maintenance. I'm surprised shops still sell them, given the potential for these kinds of incidents & cases.


  • Closed Accounts Posts: 1,414 ✭✭✭Awkward Badger


    I'm sure Symth's will pass the bill back to the manufacturer.


  • Closed Accounts Posts: 1,414 ✭✭✭Awkward Badger



    Settled out of court though, she may have only ended up with a free bucket and mop for all we know.


  • Registered Users Posts: 21,065 ✭✭✭✭Odyssey 2005


    Settled out of court though, she may have only ended up with a free bucket and mop for all we know.

    Jesus the boat race on her and she after "winning " €38k


  • Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 90,811 Mod ✭✭✭✭Capt'n Midnight


    Fuhrer wrote: »
    35 grand is a lot for a broken leg.
    Check your car insurance policy to see how much they'd pay out for a missing leg.

    Really.


    Broken bones heal in 6 weeks. I'd nearly be tempted by such easy money , if you can still buy them.


  • Registered Users Posts: 8,671 ✭✭✭GarIT


    ScumLord wrote: »
    I would have thought the manufacturer would be responsible for any design or manufacturing faults.

    Irish law doesn't exactly acknowledge the existence of a manufacturer. There is the seller and the customer, nobody else exists in the transaction. All warranties and liability are the responsibility of the seller.

    This is positive in a way as you can't subject a manufacturer operating outside of Ireland to Irish law, you can with a seller operating within Ireland. A lot of goods are imported and someone has to be responsible for them.


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  • Registered Users Posts: 4,661 ✭✭✭Fuhrer


    Check your car insurance policy to see how much they'd pay out for a missing leg.

    Really.


    Broken bones heal in 6 weeks. I'd nearly be tempted by such easy money , if you can still buy them.


    Cant be that hard to fake an x-ray...


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