Man slips on algae on steps going into the sea - awarded €60k

Cienciano

Story:
http://www.irishtimes.com/news/crime-and-law/courts/man-awarded-59-050-over-slip-at-rush-pier-1.1729745
Obviously a nasty injury, but does personal responsibility not exist anymore? It says Dublin City Council should have cleared the steps of seaweed, or installed a handrail. But they weren't there, but this guy still went ahead and used the facilities anyway. There's one person responsible for this injuries, and that's the guy himself.
The judge should have said "tough shít, you fell. Next case"

theteal

Man slips on waters edge because it's slippy, who would have thunk the wet water's edge could be slippy???

Gatling

Maybe we should set up a boards personal injuries club and see how many claims we can successfully make and share the pay out pots

Guy:Incognito

There should be a wet floor sign in the sea

Uriel.

The Council's big mistake here making any previous attempt to make safe the steps.

Essentially, it was their recognition of a problem and acceptance of same by trying to implement a solution, that ultimately gave them responsibility (and in the end liability).

Once again tort law in Ireland shows, don't try to fix a problem, you're better off doing nothing rather than trying to help.

Well done courts, well done.

Mrs Garth Brooks

Could do with some money. Off down to the beach for the day. There's steps with no hand rail. I'll be coming home with two broken legs and two broken arms. Then sue the council. Sounds easy.

martingriff

Uriel. wrote: »

The Council's big mistake here making any previous attempt to make safe the steps.

Essentially, it was their recognition of a problem and acceptance of same by trying to implement a solution, that ultimately gave them responsibility (and in the end liability).

Once again tort law in Ireland shows, don't try to fix a problem, you're better off doing nothing rather than trying to help.

Well done courts, well done.

They don't even need to fix the problem if someone e-mail the correct people to the problem then the council/company whatever can be libel as they knew about the problem

Edit: This should have been a case of Tough S$%t Paddy

Freddie Dodge

martingriff wrote: »

They don't even need to fix the problem if someone e-mail the correct people to the problem then the council/company whatever can be libel as they knew about the problem

Edit: This should have been a case of Tough S$%t Paddy

I agree with most of your post, but how would libel law be involved ?

Cienciano

When you hear of stupid annoying decisions big companies do, or insurance is given as the reason things are so expensive, it's because of courts awarding money out for stupid things like this.

the_syco

I can see a large fence being put up stopping anyone from ever using that stairs again!

whisky_galore

It would be cheaper for councils to close off these facilities rather than keep up the pretense of maintaining them, or stick up 'no liability' signs like you get in car parks if your car gets robbed.

Getting back to 'personal responsibilty' when steps are covered in green sh!t it's fairly fcuking obvious that they're going to be VERY slippy, but he still goes ahead and nearly breaks his neck.

kupus

Cienciano wrote: »

Story:
http://www.irishtimes.com/news/crime-and-law/courts/man-awarded-59-050-over-slip-at-rush-pier-1.1729745
Obviously a nasty injury, but does personal responsibility not exist anymore? It says Dublin City Council should have cleared the steps of seaweed, or installed a handrail. But they weren't there, but this guy still went ahead and used the facilities anyway. There's one person responsible for this injuries, and that's the guy himself.
The judge should have said "tough shít, you fell. Next case"

If he said that and people had to take responsibility for themselves.... a lot of people would be out of jobs.

Lawyers, court reporters, judges, it would be a total nightmare and society would come to a halt. Can you just imagine giving people personnel responsibility. *shudder* perish the thought.

Wossack

the_syco wrote: »

I can see a large fence being put up stopping anyone from ever using that stairs again!

until someone gets impaled trying to climb over them :pac:

Dempsey

Whilst I think there should be more personal responsibility from people, I believe the council didnt do their job in this instance. Would that have prevented this injury, hard to know.

Cienciano

whisky_galore wrote: »

It would be cheaper for councils to close off these facilities rather than keep up the pretense of maintaining them.

Exactly. Sort of reminds me of the no running in school playgrounds thing. It's easier just to stop people doing stuff rather than giving them responsibility for their actions

banie01

martingriff wrote: »

They don't even need to fix the problem if someone e-mail the correct people to the problem then the council/company whatever can be libel as they knew about the problem

Edit: This should have been a case of Tough S$%t Paddy

Freddie Dodge wrote: »

I agree with most of your post, but how would libel law be involved ?

I think perhaps Martingriff meant ''Liable'' rather than ''Libel'' ?

kupus

Cienciano wrote: »

Exactly. Sort of reminds me of the no running in school playgrounds thing. It's easier just to stop people doing stuff rather than giving them responsibility for their actions

But but but someone has to think of the lawyers

calanus

But... seaweed isn't exactly a hidden danger like for example you slipped on a wet floor. You may not have noticed it was wet and no sign was present to alert you to the danger. Seaweed is green/brown and grows on every hard surface it can found along the coast. If I slipped on something as obvious as this and broke my arm, I would be keeping the cause of the break very hush hush. Although 60k would be nice even if the country now knows that you're a dingus

whisky_galore

calanus wrote: »

But... seaweed isn't exactly a hidden danger like for example you slipped on a wet floor. You may not have noticed it was wet and no sign was present to alert you to the danger. Seaweed is green/brown and grows on every hard surface it can found along the coast. If I slipped on something as obvious as this and broke my arm, I would be keeping the cause of the break very hush hush. Although 60k would be nice even if the country now knows that your a dingus

Plus it's not as if he's a child and doesn't know what could potentially happen, but typical Ireland :rolleyes:

suicide_circus

we need to introduce once-off stupidity taxes. lump sums payable to revenue when you do something stupid and sue someone. the tax shall equal the amiunt paid in damages plus 10%.

Fratton Fred

whisky_galore wrote: »

It would be cheaper for councils to close off these facilities rather than keep up the pretense of maintaining them, or stick up 'no liability' signs like you get in car parks if your car gets robbed.

No liability signs would be useless. You can not disclaim liability for negligence.

Thud

icy footpaths are next

martingriff

banie01 wrote: »

I think perhaps Martingriff meant ''Liable'' rather than ''Libel'' ?

Yep

Mountjoy Mugger

Cienciano wrote: »

Story:
http://www.irishtimes.com/news/crime-and-law/courts/man-awarded-59-050-over-slip-at-rush-pier-1.1729745
Obviously a nasty injury, but does personal responsibility not exist anymore? It says Dublin City Council should have cleared the steps of seaweed, or installed a handrail. But they weren't there, but this guy still went ahead and used the facilities anyway. There's one person responsible for this injuries, and that's the guy himself.
The judge should have said "tough shít, you fell. Next case"

Nothing to do with Dublin City Council. It was Fingal.

Muise...

I presume the pier was built for boats, and the steps for embarking/disembarking at mid-low tide? Even on a warm summer evening, getting in and out of the sea three times would leave you fairly cold and more likely to slip than someone getting in/out of a boat with good boots on. Why should the Council have to pay for people adapting the pier for use as a swimming spot?

Firefox11

Guy:Incognito wrote: »

There should be a wet floor sign in the sea

Or Something Like: CAUTION:SLIPPERY WHEN WET sign maybe??

jackofalltrades

Thud wrote: »

icy footpaths are next

It's already happened.
http://www.independent.ie/irish-news/courts/physiotherapist-awarded-1m-after-slip-on-icy-steps-30048928.html

RoboRat

Walter White at it again

blaze1

Hope thats not for loss of earnings, €59k for 3 months work for a self employed barber! I'm in the wrong job!

Sleepy

Can we not just pass a "common sense" law that gives Judges the right to over-ride existing laws when common sense dictates that they should do so?

RoboRat

On his third time descending the steps, the court was told Mr McGrath slipped on a moss-like marine plant and fell heavily on his elbow.

So he went down TWICE before, not realising it was slippy? Did it just become slippy the third time he went down?

Also, €60k, whats that about? I thought that they were limiting payouts. He broke his arm and was out of work for probably a month tops so the 'compensation' should equate to his revenue loss and medical expenses. This crap of giving these huge payouts is what encourages people to take these cases. Compensation is there to 'counterbalance or make up for an undesired state of affairs' therefore it should only equate to what is stated above and possibly a small figure for inconvenience.

SEPT 23 1989

blaze1 wrote: »

Hope thats not for loss of earnings, €59k for 3 months work for a self employed barber! I'm in the wrong job!

that works out at a 100 haircuts a day

it must be like a scene out of Edward Scissorhands in that shop

youtube!

jackofalltrades wrote: »

It's already happened.
http://www.independent.ie/irish-news/courts/physiotherapist-awarded-1m-after-slip-on-icy-steps-30048928.html

Good lord , 1 Million euro!. At first I wondered why she looked so smug in that photo, a million will do that to ya ye know!

The Diabolical Monocle

Changes in law needed.

Wont happen.

keith16

The Diabolical Monocle wrote: »

Changes in law needed.

Wont happen.

Let's bomb the ocean so this never happens again.

The Diabolical Monocle

Firefox11 wrote: »

Or Something Like: CAUTION:SLIPPERY WHEN WET sign maybe??

May I suggest the Goodyear blimp fly over Ireland with a giant flashing sign saying "everything is dangerous and should never be attempted by anyone ever"

FullblownRose

I dunno, though..it would be different if he injured himself on the natural landscape like on the rocks or the beach itself but if it was man made steps he got hurt on then it seems different. Some beaches are extremely well maintained with walkways and things like that making them really accessible to visitors. I think if the council put the steps there they should've designed them to be safe to use.

Cienciano

Mountjoy Mugger wrote: »

Nothing to do with Dublin City Council. It was Fingal.

Well, that changes the entire point.

FullblownRose

The compensation does seem disproportionately large.

Gatling

FullblownRose wrote: »

The compensation does seem disproportionately large.

Like the €16,000 given to a woman yesterday who sued her husband for a little or no speed rear end RTA on the way to the January sales .
Multiple passanger in both cars ,no body else suffered and injuries

Muise...

FullblownRose wrote: »

I dunno, though..it would be different if he injured himself on the natural landscape like on the rocks or the beach itself but if it was man made steps he got hurt on then it seems different. Some beaches are extremely well maintained with walkways and things like that making them really accessible to visitors. I think if the council put the steps there they should've designed them to be safe to use.

Man-made steps for getting in and out of boats at mid/low tide, and for hauling in the catch or cargo. Not for getting in and out of the water on cold, bare and increasingly numb feet.

spurious

Person: Oh Garda, I have a piece of dog dirt on my shoe.
Garda: Baz off and don't be wasting my time.

Person: Oh Doctor, I have a piece of dog dirt on my shoe.
Doctor: Baz off and don't be wasting my time.

Person: Oh solicitor, I have a piece of dog dirt on my shoe.
Solicitor: Ker-ching!!!!!

RoboRat

Like the €16,000 given to a woman yesterday who sued her husband for a little or no speed rear end RTA on the way to the January sales .
Multiple passanger in both cars ,no body else suffered and injuries

Wtf? You couldn't make this **** up. Hey honey, roll the car into mine and lets get rich!

Seedy Arling

FullblownRose wrote: »

The compensation does seem disproportionately large.

They examined the book of quantum and it corresponds exactly with the ratio of stupidity and having the cheek to bring a claim like this.

The law is an ass.

FullblownRose

Muise... wrote: »

Man-made steps for getting in and out of boats at mid/low tide, and for hauling in the catch or cargo. Not for getting in and out of the water on cold, bare and increasingly numb feet.

Ah right, I see what you mean. I wonder about all of the people I've seen jumping off the concrete piers or promenades into the water..maybe they'll be next to claim

Nidgeweasel

youtube! wrote: »

Good lord , 1 Million euro!. At first I wondered why she looked so smug in that photo, a million will do that to ya ye know!

You'd think she was just given 1 million willy nilly the way you are carrying on.

An incredible display of ignorance and headline jumping in this thread.

On that link above, 675,000 of that is for future loss of earnings. She won't be able to work again in her chosen profession, ever. Add to that interest, the equivalent of PSLA and you're there abouts to the million mark.

Again, she's not been given a million euro to go way off on a yact. That has to do her and her two children now.

The hospital were negligent in failing to clear the steps, she's contributed to her own accident and it will have been reduced accordingly.

A fair award, but it's much easier for people to go "Jaysus look at your one in the Sun* [*or insert suitable alternative gutter tabloid here] after gettin' a million euro for falling over, wouldn't mind it myself whaaa!" when it's not that simple at all.

Adamantium

Cienciano wrote: »

Obviously a nasty injury, but does personal responsibility not exist anymore?
The judge should have said "tough shít, you fell. Next case"

https://www.youtube.com/watch?v=7u0wg3t6osM

You've only gone and done it now OP.

Muise...

FullblownRose wrote: »

Ah right, I see what you mean. I wonder about all of the people I've seen jumping off the concrete piers or promenades into the water..maybe they'll be next to claim

I hope not, or these places will be fenced off and half the joy of summer gone.

dub_skav

Muise... wrote: »

Man-made steps for getting in and out of boats at mid/low tide, and for hauling in the catch or cargo. Not for getting in and out of the water on cold, bare and increasingly numb feet.

I would have thought a handrail would still be required for safe use even for the intended purpose, never mind if it is well known to now have another common use.

RoboRat

Ah right, I see what you mean. I wonder about all of the people I've seen jumping off the concrete piers or promenades into the water..maybe they'll be next to claim

Im actually gobsmacked that it hasn't happened already, but I am sure that this has set a precedence, so be prepared for the near future.

RoboRat

I would have thought a handrail would still be required for safe use even for the intended purpose, never mind if it is well known to now have another common use.

Sure if it had a handrail it would rust and then somebody would claim because they cut their hand on said rail and got septicaemia.