Can I be sued?

Fumes

Hi guys. The other day there were a couple lads going around my estate offering to cut the grass, do odd jobs etc. I asked them would they clean out the gutters. I was out the front talking to one of the guys and the next thing the other guy comes running around from the side of the house after falling off the ladder. His arm was obviously broken and we called an ambulance for him.

Is there a possibility that I could be sued for damages?

macy9

Did you supply the ladder?

Regardless, this falls under occupier's liability (I believe)

http://www.irishstatutebook.ie/1995/en/act/pub/0010/index.html




.

ShayMurphy459

Sounds like you contributed is some way at least to the accident by not providing a safe working environment?

http://www.injury-compensation.ie/what-is-contributory-negligence/

granturismo

Yes you can be sued. Anyone has the right to sue but lets face it, if he gets sound legal advice then that advice will steer him towards an action that is more likely to have a successful outcome for him.

Fumes

Thanks for the replies. They were using their own ladder that they brought with them. They were both adults (over 30 yrs old I would guess). They were indeed just lads doing nixers as far as I could tell. The ground was even but the guy had the ladder around the wrong way (this is what the other guy said when he went to see what happened).

Victor

Write everything down a give a copy to your solicitor. Photos if possible.

Wantobe

Fill out accident report form for your household insurance policy- check the small print to make sure you are covered.

itsonlywords

Fumes wrote: »

Hi guys. The other day there were a couple lads going around my estate offering to cut the grass, do odd jobs etc. I asked them would they clean out the gutters. I was out the front talking to one of the guys and the next thing the other guy comes running around from the side of the house after falling off the ladder. His arm was obviously broken and we called an ambulance for him.

Is there a possibility that I could be sued for damages?

Chances are that they are on the dole and if so are not entitled to work. Ask him if he is declaring his work to social welfare and if he is tax registered and holds public liability insurance as well as employers liability if the other lads work for him. Bet he disappears.

nuac

Fumes
I am suspicious of this claim.

Wondering

1. Why did one of them stay chatting to you at front of house instead of helping his mate with the ladder?

2. Was there any independent or family witness to the "accident"?

3. The "injured" party claims to have had a fall serious enough to break his arm, but yet is able to come running around from the back of the house?

4. How do you know his arm was obviously broken?

5. Did these people give you a name or other ID before you allowed them into your property?

Report incident to your insurer, but also see your solicitor. Deny all liability if approached.

pirelli

1. Did you see this individual actually climb the ladder.

Perhaps he has already has a broken arm and takes of the cast before arrving at occupiers and they peform their act and he runs away in an ambulance to the nearest hospital.

They x-ray him and put on a new cast and produce teh neccessary medical records.They may or may not use a false name.


2. They go to a new town ( different part of town ) with a different hospital and repeat the same technique.

They then use a crooked solicitor or a variety of different solicitors to write a letter along with the medical records to the occupier claiming liability and agree to settle out of court.


Medical records are confidential mand they can never be trailed.
Avoiding court and settling for a small amount will cover their tracks in regard to making alot of claims.Maybe they even use a false name in some occasions in the event they do have to file a civil bill.


There are easier ways to make money but this does sound clever. They possibly just make them pay medical costs and legal fees or something.

Tom Young

Dear Posters,

Thanks for your contributions to the Original Posters - OPs, thread. Your comments while welcome, exemplify why it is we have a charter which specifically states that users should not seek legal advice here.

Dear OP, rely on nothing in the above thread please. Seek independent and formal legal advice, you might also consider having a chat with the local community liaison officer employed by An Garda Siochana.

As there are a few of you above who have made, lets call them, 'interesting' but not necessarily fact based or accurate pronouncements in breach of the forum charter I will just warn you all rather than place multiple infractions on your accounts.

Many thanks for your attention to this end. PM if you feel the need to vindicate yourselves, but I am disappointed in more than one regular contributor who should know better.

Tom