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Million Euro Compo

  • 28-02-2014 9:37pm
    #1
    Closed Accounts Posts: 3,336 ✭✭✭


    If the oasis concert compo case hasn't pissed me off enough, I come across this, link. A physio who slipped on ice gets €1m in compensation from the HSE, fair enough if there's life changing injuries but from the article there's no mention of it.

    "The court heard that due to prevailing weather conditions, the hospital steps were covered in ice and snow." so the judge concludes from this that the HSE failed in its duty of care which directly caused the accident.
    But is it any wonder that a profession that believes €170,000 a year isn't adequate impose these crazy payouts.


Comments

  • Registered Users, Registered Users 2 Posts: 7,401 ✭✭✭Nonoperational


    If the oasis concert compo case hasn't pissed me off enough, I come across this, link. A physic who slipped on ice gets €1m in compensation from the HSE, fair enough if there's life changing injuries but from the article there's no mention of it.

    "The court heard that due to prevailing weather conditions, the hospital steps were covered in ice and snow." so the judge concludes from this that the HSE failed in its duty of care which directly caused the accident.
    But is it any wonder that a profession that believes €170,000 a year isn't adequate impose these crazy payouts.

    What's a physic?


  • Closed Accounts Posts: 3,465 ✭✭✭Sir Humphrey Appleby


    You need tolearn the difference between a psychic and a physiotherapist!
    http://www.independent.ie/irish-news/courts/physiotherapist-awarded-1m-after-slip-on-icy-steps-30048928.html

    Consultant orthopaedic surgeon John Rice told the hearing she will require lifetime pain management and concluded that she would be unable to work in her chosen profession.

    General damages, loss of pension contributions, loss of earnings and special damages were also included in the total payment of €1,001,239.

    The HSE claimed Ms Ikram was guilty of contributory negligence as she had failed to take the weather into account.

    In his judgment, Mr Justice David Keane concluded that the defendant had failed in its duty of care and that failure directly caused Ms Ikram's accident and subsequent losses.

    He found the plaintiff to be a sincere and credible witness and said her evidence was measured and truthful.

    The court heard evidence that Ms Ikram suffers from severe bouts of pain in her back and neck, has had to get help with shopping and housework, and can only drive for 10 minutes at a time.

    The mother-of-two has also suffered from depression, loss of appetite, anxiety, panic attacks and post-traumatic stress disorder.


  • Registered Users, Registered Users 2 Posts: 12,815 ✭✭✭✭galwayrush


    What's a physic?

    Not sure what they do, apparently not upright they're worth a million though..


  • Registered Users, Registered Users 2 Posts: 6,200 ✭✭✭jojofizzio


    I think you'll find the judge and the defence solicitor were responsible for the valuation and awarding it,not the physiotherapy profession..


  • Registered Users, Registered Users 2 Posts: 1,848 ✭✭✭Andy-Pandy


    I've no problem with the compensation given in this case.


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  • Registered Users, Registered Users 2 Posts: 7,732 ✭✭✭StupidLikeAFox


    It works out as €35k per year until she is 65 - maybe thats what they were basing it on?


  • Registered Users, Registered Users 2 Posts: 24,523 ✭✭✭✭Cookie_Monster


    The HSE claimed Ms Ikram was guilty of contributory negligence as she had failed to take the weather into account.
    I agree with the HSE here, it's cold and wet out you obviously need to expect ice and be careful.


  • Closed Accounts Posts: 4,549 ✭✭✭maryishere


    I agree with the HSE here, it's cold and wet out you obviously need to expect ice and be careful.
    +1. I know few different people who slipped and fell over the years, and who are also left with aches and pain, but none of those got a red cent, never mind a million euro. I wonder if other countries ( eg Mrs Ikrams native country of India ) award people who slip by themselves a million euro or the equivalent?


  • Closed Accounts Posts: 7,960 ✭✭✭DarkJager


    Andy-Pandy wrote: »
    I've no problem with the compensation given in this case.

    People who lose limbs in accidents don't even get anywhere near that amount. How can you logically think some careless woman slipping on an icy step deserves that amount??


  • Closed Accounts Posts: 2,440 ✭✭✭Stavros Murphy


    DarkJager wrote: »
    People who lose limbs in accidents don't even get anywhere near that amount. How can you logically think some careless woman slipping on an icy step deserves that amount??

    She probably had a really good physiotherapists report on how much she was suffering..


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  • Closed Accounts Posts: 4,549 ✭✭✭maryishere


    She probably had a really good physiotherapists report on how much she was suffering..
    and knew exactly what to say.


  • Registered Users, Registered Users 2 Posts: 6,200 ✭✭✭jojofizzio


    maryishere wrote: »
    and knew exactly what to say.
    The expert witness in the case was an orthopaedic surgeon not a physiotherapist..


  • Closed Accounts Posts: 559 ✭✭✭urabell


    I agree with the HSE here, it's cold and wet out you obviously need to expect ice and be careful.

    The HSE should have expected ice on their premises.

    Was the ice reasonably foreseeable from the HSE's perspective?
    Yes

    Was the relationship between the parties sufficiently proximate?
    Yes

    Any public policy reasons not to pay out?
    no

    Was it just and reasonable to impose a duty on the HSE
    Yes

    case closed


  • Registered Users, Registered Users 2 Posts: 5,147 ✭✭✭PizzamanIRL


    Thought this was gonna be a competition for a million euro wha'


  • Closed Accounts Posts: 970 ✭✭✭yawhat!


    Its your own ****in falt for slipping on steps. Watch where your god dam well going. Some Compensation claims are absolutely ridiculous.

    People trying to sue night clubs for slipping inside them as well. What the absolute hell like.

    I should go to the hospital, throw a bucket of water on the ground and fall and break my arm. Woohoo theres some money for me!

    Most Compensation claims really make my ****in blood boil!


  • Registered Users, Registered Users 2 Posts: 1,308 ✭✭✭downonthefarm


    Looks for some steps covered in ice .........


  • Closed Accounts Posts: 970 ✭✭✭yawhat!


    Looks for some steps covered in ice .........

    I bet she knew they were covered in ice, had a little fall for herself and is now a millionaire. Sickens me! More than likely nothing wrong with her.

    Its a wonder rugby and soccer players don't break every bone in their body when they get busted and these idiots who slip on ice get compensation money.


  • Registered Users, Registered Users 2 Posts: 20,299 ✭✭✭✭MadsL


    maryishere wrote: »
    +1. I know few different people who slipped and fell over the years, and who are also left with aches and pain, but none of those got a red cent, never mind a million euro. I wonder if other countries ( eg Mrs Ikrams native country of India ) award people who slip by themselves a million euro or the equivalent?

    Errr...how exactly is her "native" country relevant exactly?


  • Registered Users, Registered Users 2 Posts: 10,263 ✭✭✭✭Borderfox


    The guy killed in the Air Corp crash, his family only got 25k?


  • Closed Accounts Posts: 4,549 ✭✭✭maryishere


    MadsL wrote: »
    Errr...how exactly is her "native" country relevant exactly?

    cannot think of any other country where a person who knows there is ice and snow slips by themselves and gets a million euro.


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  • Closed Accounts Posts: 4,549 ✭✭✭maryishere


    jasus, I hope there is ice before the summer, I am not waiting 8 or 10 months for my next accident.


  • Closed Accounts Posts: 26,567 ✭✭✭✭Fratton Fred


    MadsL wrote: »
    Errr...how exactly is her "native" country relevant exactly?

    Bloody foreigners coming over here, injuring themselves due to some ones negligence and expecting compensation, they'll be demanding abortions to prevent themselves dieing next.


  • Registered Users, Registered Users 2 Posts: 11,526 ✭✭✭✭fullstop


    It works out as €35k per year until she is 65 - maybe thats what they were basing it on?

    So they're going to take ~30% off every month in tax?

    Also, post traumatic stress disorder from slipping on a step? Give me a break.


  • Closed Accounts Posts: 970 ✭✭✭yawhat!




  • Closed Accounts Posts: 4,549 ✭✭✭maryishere


    Bloody foreigners coming over here, injuring themselves due to some ones negligence and expecting compensation, they'll be demanding abortions to prevent themselves dieing next.

    a million euro, its only a few years salary for some charity or semi-state employees. She deserves the million euro. Its our fault, the taxpayers paying the million ( well, borrowing the million to give to her ) for allowing her to walk on our ice and snow. we should have put a roof over the country instead. Or wrapped her in cotton wool so she could not fall by herself like that.


  • Closed Accounts Posts: 970 ✭✭✭yawhat!


    I'm going to go to every hospital in Dublin the next big freeze and fall over the steps and say my back hurts.

    Could be a millionaire in a few weeks :D:D:D:D:D:D:mad:


  • Registered Users, Registered Users 2 Posts: 1,308 ✭✭✭downonthefarm


    I know of a block of flats where people were purposely throwing themselves down a staircase to get compo because the handrail was loose


  • Closed Accounts Posts: 2,440 ✭✭✭Stavros Murphy


    The handrail on my stairs is loose. I'm off to throw myself down them - I'll sue the b4stard for everything I've got. This time next year, I'll be a thousandaire..


  • Closed Accounts Posts: 4,549 ✭✭✭maryishere


    yawhat! wrote: »
    I'm going to go to every hospital in Dublin the next big freeze and fall over the steps and say my back hurts.
    just one will do. may allah be with you too.


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  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    maryishere wrote: »
    +1. I know few different people who slipped and fell over the years, and who are also left with aches and pain, but none of those got a red cent, never mind a million euro. I wonder if other countries ( eg Mrs Ikrams native country of India ) award people who slip by themselves a million euro or the equivalent?

    Not many health board buildings with ice on them in India
    It's a bit too warm


  • Registered Users Posts: 2,716 ✭✭✭Nermal


    urabell wrote: »
    Any public policy reasons not to pay out?
    no

    Yes, the new public policy of not wasting taxpayer's money on malingerers. I've just invented it, I predict it will be wildly popular.


  • Closed Accounts Posts: 3,336 ✭✭✭wendell borton


    Tigger wrote: »
    Not many health board buildings with ice on them in India
    It's a bit too warm

    Theres plenty snow and ice in the north of india.


  • Closed Accounts Posts: 4,549 ✭✭✭maryishere


    Theres plenty snow and ice in the north of india.

    not on the ground the physios there walk on, its the job of the taxpayer to ensure nobody ever has to walk on a bit of snow or ice.


  • Closed Accounts Posts: 689 ✭✭✭donegal11


    The Professional class looking after one another, the injury board recommend €62,800 to €85,900 for Severe back injury (serious and permanent condition) yet she walks away with a million .And talk about trumped-up charges depression, loss of appetite, anxiety, panic attacks and post-traumatic stress disorder, yet no mention of any broken bones nothing but subjective pain that apparently stops her working for life :rolleyes:


  • Closed Accounts Posts: 953 ✭✭✭donegal__road




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  • Closed Accounts Posts: 4,549 ✭✭✭maryishere


    I know people with pain who have paid taxes here all their life and who never got and never will get anything from the taxpayer as compensation, and they just get on with it.


  • Closed Accounts Posts: 689 ✭✭✭donegal11


    If she was my physio I'd be looking for a refund, falls on ice and after four years can't shop, clean/eat or drive even with all that physio experience behind her to self recuperate.But maybe she wasted her vast knowledge pinpointing her suffering to the judge because like bankers and politicians, medical professionals would never lie.

    In fairness she got 25k and went looking for more even though she has no long lasting injuries that I can see? but if she was a consultant herself would the damages be different perhaps?


  • Registered Users, Registered Users 2 Posts: 16,720 ✭✭✭✭Galwayguy35


    And who ends up footing the bill for this?

    The taxpayer of course, this compo culture is getting out of control, "post traumatic stress disorder" :rolleyes:, she slipped on ice, she didn't go to war in Iraq.


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    Theres plenty snow and ice in the north of india.

    Up the mountains? In the militarised zones?


  • Banned (with Prison Access) Posts: 165 ✭✭Baze


    It's how compensation in this country works.

    I had a friend who suffered a brain injury and was housebound for almost all of his twenties. It destroyed his life but he only received £25,000 as he was unemployed at the time. Loss of past earnings and future earnings make up the vast majority of payouts unfortunately. I would agree with this woman getting this amount if she was unable to work or something but that is clearly not the case.


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  • Registered Users, Registered Users 2 Posts: 20,299 ✭✭✭✭MadsL


    maryishere wrote: »
    a million euro, its only a few years salary for some charity or semi-state employees. She deserves the million euro. Its our fault, the taxpayers paying the million ( well, borrowing the million to give to her ) for allowing her to walk on our ice and snow. we should have put a roof over the country instead. Or wrapped her in cotton wool so she could not fall by herself like that.

    Or, y'know, just cleared a path for people to walk on safely...


  • Posts: 17,378 ✭✭✭✭ [Deleted User]


    I think all compensation cases should be a two step process.. First part would be a clear fact based question of liability. Only after that should any mention of long term effects be allowed.

    The effect this had on her life has got nothing to do with the event itself.


  • Registered Users, Registered Users 2 Posts: 2,216 ✭✭✭lau1247


    MadsL wrote: »
    Or, y'know, just cleared a path for people to walk on safely...

    how do you expect to cover every single path in the whole country?? that is just ridiculous. If one is not falling on HSE property, the next would be county council, etc etc. Where the hell does the madness end??

    People need to have some common sense!!!

    West Dublin, ☀️ 7.83kWp ⚡5.66 kWp South West, ⚡2.18 kWp North East



  • Registered Users, Registered Users 2 Posts: 2,537 ✭✭✭Gyalist


    lau1247 wrote: »
    how do you expect to cover every single path in the whole country?? that is just ridiculous. If one is not falling on HSE property, the next would be county council, etc etc. Where the hell does the madness end??

    People need to have some common sense!!!

    Where was common sense displayed by the security men?
    Security men had used boiling water to melt the ice from the steps and clear a pathway.

    LINK

    Owner/occupiers owe a duty of care to the people using their premises.


  • Registered Users, Registered Users 2 Posts: 2,216 ✭✭✭lau1247


    Gyalist wrote: »
    Where was common sense displayed by the security men?



    LINK

    Owner/occupiers owe a duty of care to the people using their premises.

    Yes melted ice can freeze again on a cold day, but hey if you're playing the quoting game then I think at least the below at least showed that the security guys had thought it through at least a little with the wet floor sign and the court heard that she attempted to warn an elderly lady which mean she is aware of the situation. If you want to quote, don't be selective only to support your argument.

    wrote:
    "Security men had used boiling water to melt the ice from the steps and clear a pathway.

    Three yellow 'wet floor' caution signs were also placed on one side of the steps.

    After attempting to warn an elderly lady about the condition of the steps, Ms Ikram herself fell and bounced down several steps, striking her tailbone, the court heard."

    You can't really argue that security didn't have common sense in the overall grand scheme of things, whether their action improve the situation (i.e. Ice, water, ice), I don't know but I wouldn't think it would make it any worst.. plus they added the sign.

    At least you can't say she didn't know now can you?

    West Dublin, ☀️ 7.83kWp ⚡5.66 kWp South West, ⚡2.18 kWp North East



  • Closed Accounts Posts: 1,866 ✭✭✭drquirky


    lau1247 wrote: »


    You can't really argue that security didn't have common sense in the overall grand scheme of things, whether their action improve the situation (i.e. Ice, water, ice), I don't know but I wouldn't think it would make it any worst.. plus they added the sign.

    At least you can't say she didn't know now can you?

    I come from a very cold/snowy country. FYI pouring boiling water in order to rectify an ice issue is quite possibly the dumbest thing you can do in the cold (and yes it will make the footing much much worse). I hate compo in general but what those security lads did was beyond idiotic.


  • Registered Users, Registered Users 2 Posts: 2,216 ✭✭✭lau1247


    lau1247 wrote: »
    You can't really argue that security didn't have common sense in the overall grand scheme of things, whether their action improve the situation (i.e. Ice, water, ice), I don't know but I wouldn't think it would make it any worst.. plus they added the sign.

    At least you can't say she didn't know now can you?
    drquirky wrote: »
    I come from a very cold/snowy country. FYI pouring boiling water in order to rectify an ice issue is quite possibly the dumbest thing you can do in the cold (and yes it will make the footing much much worse). I hate compo in general but what those security lads did was beyond idiotic.

    I not saying it is not dumb what they did, don't get me wrong. I even questioned it in my post. But if it was already ice, then to water and back ice form, it didn't really stray too far off from the start.

    My point of view is that:
    1. They place the necessary sign to warn people
    2. She is aware of the condition

    West Dublin, ☀️ 7.83kWp ⚡5.66 kWp South West, ⚡2.18 kWp North East



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