When the "Sue Everyone" Culture Backfires

Generic Dreadhead

I can't be the only one who takes a weird sense of satisfaction when these cases are thrown out:

http://www.independent.ie/irish-news/courts/woman-who-tripped-over-kerb-is-left-with-legal-bill-for-high-court-action-30924651.html

I'm not saying I'm glad she fell and was hurt etc, rather what irks me is when people who have been over exposed to the likes of Americanised legal systems believe they must be compensated to the tune of 10 years wages for something silly.

TL:DR: "I tripped on a Kerb! It's someones fault! Gimme all the monies!"

Edit: In before someone makes a bad pun about the word "Sue" being the same spelling as the name, there, I messed up your fun now pun-heads :pac:

bear1

Well, I think her first mistake was representing herself.
It is a pity that they didn't announce how much she was looking for but if she fell due to her own carelessness then she deserved nothing.
If it was a wet floor with no wet floor warning sign then she would have a great case.
EDIT: I just found a longer article on this from here:

http://www.irishtimes.com/news/crime-and-law/courts/high-court/woman-who-sued-blackrock-clinic-left-with-six-figure-bill-1.2072891

TL;DR - She parked her car in a space reserved for the staff. Forgot her phone and went back and got it. Whilst holding her phone and bag didn't see the kerb and fell.
I'd be inclined to think she was texting and didn't see the kerb.
6 figure bill though.... my God.

suicide_circus

Representing herself in the high court?

Buona Fortuna

I'm kinda surprised that with a case as nutty as hers, she represented herself.

I can't believe there was a money-grabbing concientious member of the legal profession who would take it on.

Menas

I am with you OP. The losing side are normally on the hook for costs too. But in some cases those costs are un retreivable as the person suing has no means.
Remember the case of the woman whose child got her finger stuck in a sugar dispenser in Eddie Rockets.
http://www.independent.ie/irish-news/courts/finger-case-is-compensation-culture-gone-mad-says-judge-29843585.html

Kermit.de.frog

Trigger Happy wrote: »

I am with you OP. The losing side are normally on the hook for costs too. But in some cases those costs are un retreivable as the person suing has no means.
Remember the case of the woman whose child got her finger stuck in a sugar dispenser in Eddie Rockets.
http://www.independent.ie/irish-news/courts/finger-case-is-compensation-culture-gone-mad-says-judge-29843585.html

Jaysis.:eek:

GerB40

If it was genuine clumsiness then I've no sympathy whatsoever for her.

bear1

Ireland 1 moron 0.
I mean judging by the size of her Deirdre Barlow glasses she'd have seen the kerb!

Generic Dreadhead

Trigger Happy wrote: »

I am with you OP. The losing side are normally on the hook for costs too. But in some cases those costs are un retreivable as the person suing has no means.
Remember the case of the woman whose child got her finger stuck in a sugar dispenser in Eddie Rockets.
http://www.independent.ie/irish-news/courts/finger-case-is-compensation-culture-gone-mad-says-judge-29843585.html

My favourite part of these Artilces is the unnecessary paragraph headings such as:

BLOOD

:pac:

Timberrrrrrrr

It's because of idiots like her there are now stupid warnings on things that should be obvious to everyone

AudreyHepburn

Glad to see there are some Judges in this country with a bit of common sense when it comes to compo claims.

Just because you've been hurt does not mean it's some-one else's fault or that you deserve compensation. Sometimes you're to blame yourself and sometimes it's no-ones fault at all.

What ever happened to personal responsibility?

To Elland Back

bear1 wrote: »

Ireland 1 moron 0.
!

Trust me, the current score is more like Ireland 1 Morons 1,000

It's nice to see this happen but, unfortunately, it is a rare victory for common sense and personal responsibility

The Peanut

A security guard working here told me that one of his jobs at the weekend is to stop certain people from getting in through the doors of whatever premises he happens to be working in. They're known to walk around and then slip on a wet floor or trip over some object. The same few are recognised around Cork city and the security guards ring each other if any of the accident-prone ladies are spotted.

They have no shame.

Neyite

There are some people who go around looking for holes in the ground to fall into so they can sue.

ScumLord

bear1 wrote: »

6 figure bill though.... my God.

High court would cost about €100,000 a day. Her solicitor would have told her that.

Plus solicitors pluck numbers out of thin air when it comes to billing. I'm sure they'd have no problem finding a number she would choke on floating around their office.

Timberrrrrrrr

The Peanut wrote: »

A security guard working here told me that one of his jobs at the weekend is to stop certain people from getting in through the doors of whatever premises he happens to be working in. They're known to walk around and then slip on a wet floor or trip over some object. The same few are recognised around Cork city and the security guards ring each other if any of the accident-prone ladies are spotted.

They have no shame.

Happens a lot

http://www.independent.ie/unsorted/features/in-the-courts-this-week-26006938.html

Ronan Quinlivan (23) is now facing a possible 200 hours community service. His action collapsed after security camera footage was produced in court showing him spraying water on a toilet floor in July 1997 and practising a fall. He was subsequently charged and is currently awaiting sentence.

* Mother of six, Teresa Sweeney (37) claimed back and neck injuries after slipping in the ladies bathroom of a pub in Ballinrobe, Co Mayo.

But an independent witness, who was in a cubicle, said she heard two women enter the bathroom, followed by the sound of a glass breaking and a voice whispering "lie down and stay there".

Generic Dreadhead

ScumLord wrote: »

I'm sure they'd have no problem finding a number she would choke on floating around their office.

:D:D

Toots

I'd say she snotted herself because she wasn't looking where she was going but because it happened to be in the blackrock clinic she suddenly saw Euro signs and decided to sue.

It's interesting (and crazy) that she represented herself at the high court. I wonder did she even bother to seek legal advice at all, or did she see a few solicitors who all told her she hadn't a hope of winning, but she decided to press on anyway?

Neyite

Toots wrote: »

I'd say she snotted herself because she wasn't looking where she was going but because it happened to be in the blackrock clinic she suddenly saw Euro signs and decided to sue.

It's interesting (and crazy) that she represented herself at the high court. I wonder did she even bother to seek legal advice at all, or did she see a few solicitors who all told her she hadn't a hope of winning, but she decided to press on anyway?

She probably had a barfly lawyer advising her.

ScumLord

Toots wrote: »

or did she see a few solicitors who all told her she hadn't a hope of winning, but she decided to press on anyway?

That wouldn't surprise me at all, I've seen a solicitor simply explain a particular law to someone and that person took what the solicitor said as a personal insult, as if the solicitor was making it up on the spot just to cheat them in some way.

padd b1975

Toots wrote: »

I'd say she snotted herself because she wasn't looking where she was going but because it happened to be in the blackrock clinic she suddenly saw Euro signs and decided to sue.

It's interesting (and crazy) that she represented herself at the high court. I wonder did she even bother to seek legal advice at all, or did she see a few solicitors who all told her she hadn't a hope of winning, but she decided to press on anyway?

Someone who represents themselves in court often end up making a fool of their client.:cool:

Toots

Neyite wrote: »

She probably had a barfly lawyer advising her.

It was probably this guy http://omg.wthax.org/5AtkhJ.jpg

Speaking of 'repeat offenders, at my SIL's wedding there was a guest who sued the hotel because he claimed he tripped over a sausage that was on the dance floor (???) He had hospital reports and everything detailing the injuries he received in the fall.

What he didn't realise was that he was caught on CCTV falling at a taxi rank on the way home from the wedding, three sheets to the wind. Seemingly this guy tries to sue pretty much anyone and everyone, and has a lot of these 'accidents'. My SIL and her husband, and a few of their friends told the hotel that they'd give evidence in court that this guy has a history of this, and that none of them saw anything like that happen during the reception, but the case was thrown out.

COYVB

ScumLord wrote: »

High court would cost about €100,000 a day. Her solicitor would have told her that.

She represented herself

Pinch Flat

The Peanut wrote: »

A security guard working here told me that one of his jobs at the weekend is to stop certain people from getting in through the doors of whatever premises he happens to be working in. They're known to walk around and then slip on a wet floor or trip over some object. The same few are recognised around Cork city and the security guards ring each other if any of the accident-prone ladies are spotted.

They have no shame.

Used to be a fella in Waterford called "Compo Kelly". He made a full time living out of claims. We had a shop in town and my mum would run him from the place

Couple of stories:

Was doing a course a few years ago and one of the modules was on public liability. The lecturer (a solicitor) took a call from a client who'd fallen into an open hole on O'connell street in Dublin. "How much can I get" was more of his concern.

Was t boned by an esb truck coming home from work about 10 years ago. Few grand damage done to my car (which they sorted out). The general consensus in work was that i won the lottery for a claim - being a state agency and all that. I was thankfully uninjured but had no intention of faking an injury for a 'claim', work colleagues were disgusted.

Guy working with me dropped his son to Dublin airport one morning for a flight - while reversing his car to a space at departures, he tipped the car behind which was been driven by an off duty air stewardess. No damage done to either car and thought nothing if it, apologised to the girl. She milked the whole situation as he found out later when his insurance company contacted him - whip lash, months off work and stress Etc and cleared him out of €40k in a claim. He had no choice but to put it through his insurance - premiums were mental for years later.

dar100

The Peanut wrote: »

A security guard working here told me that one of his jobs at the weekend is to stop certain people from getting in through the doors of whatever premises he happens to be working in. They're known to walk around and then slip on a wet floor or trip over some object. The same few are recognised around Cork city and the security guards ring each other if any of the accident-prone ladies are spotted.

They have no shame.

I know, you'd think they'd leave them to slip in peace!!

R.D. aka MR.D

bear1 wrote: »

Ireland 1 moron 0.
I mean judging by the size of her Deirdre Barlow glasses she'd have seen the kerb!

Too soon!!!

5starpool

Neyite wrote: »

There are some people who go around looking for holes in the ground to fall into so they can sue.

Leave Uncle Albert out of this.

bear1

R.D. aka MR.D wrote: »

Too soon!!!

Not for me

Neyite

I know a compo family, dad living off the proceeds of a big claim from the early nineties, and a few small ones as well as social welfare. Some time ago a colleague of his son fell into a manhole outside the office, luckily the manager was just coming outside as it happened, organised medical attention, notified the building management and moved the manhole back into place with help.

All that organised, Manager decides to have a fag, and to his amusement saw compo son tearing out of the office to where the manhole was in the car park and was in bits laughing at the way Compo son's face fell when he saw the lid was back in place. .

BeerWolf

Timberrrrrrrr wrote: »

It's because of idiots like her there are now stupid warnings on things that should be obvious to everyone

Your safety is paramount, regardless of your stupidity!

o1s1n

COYVB wrote: »

She represented herself

A solicitor advises you and puts your case together, a barrister represents you in court.

Maybe she had a solicitor but the barrister disagreed that the case was viable so she decided to represent herself in court?

Paz-CCFC

The whole "compo/sue everyone culture" in this country really is overstated. There are a number of often very tough hurdles to get past before a claim can be considered. In negligence, you generally have to prove that: the defendant owed you a duty of care; the D's standard was below a minimum level so as to breach that duty; the plaintiff suffered actual damage; and hope that there are no overriding public policy claims which could prevent the case from succeeding. The last one in particular can lead to unfairness, because you might have a very good claim that only fails because, eg, the defendants were a public body. Also take into account that cases can go on for years, so it's not as easy as strolling in, going "Judge, I fell" and strolling out five minutes later with a bag money.

The whole "Ireland 1, Compo Culture a billionz" type clichés really are a load of nonsense. Anyone who would take the time to cast an eye over a tort law book would see that. Then again, that might take a bit of effort. It's a lot easier to just read a few tabloid headlines instead.

nelly17

Done - Silly Bint

Roquentin

there is a suing culture alright. i remember lads telling to stay away from some guy because "if you coughed in his face, he would sue you."

Some people you have to be careful around

Get Real

I have a question that relates to this. If I am in a shop and get assaulted by a random stranger out of nowhere who is at fault?

I know companies have a duty of care to customers, but this attack was completely out of the blue.

I'm not involved btw :P

I think its ridiculous that a company can be sued for that, obviously thats debatable.

But if it had have happened 2 minutes later out on the street it would be a non issue.

Anyway, saw many a thing back then, even a guy on camera pouring water on the floor himself, jumping into it, and "slipping" then having the cheek to act so enraged he fell and would get thousands.

irish coldplayer

Paz-CCFC wrote: »

The whole "compo/sue everyone culture" in this country really is overstated. There are a number of often very tough hurdles to get past before a claim can be considered. In negligence, you generally have to prove that: the defendant owed you a duty of care; the D's standard was below a minimum level so as to breach that duty; the plaintiff suffered actual damage; and hope that there are no overriding public policy claims which could prevent the case from succeeding. The last one in particular can lead to unfairness, because you might have a very good claim that only fails because, eg, the defendants were a public body. Also take into account that cases can go on for years, so it's not as easy as strolling in, going "Judge, I fell" and strolling out five minutes later with a bag money.

The whole "Ireland 1, Compo Culture a billionz" type clichés really are a load of nonsense. Anyone who would take the time to cast an eye over a tort law book would see that. Then again, that might take a bit of effort. It's a lot easier to just read a few tabloid headlines instead.

You're not taking into account the amount of cases which are settled and never get near court.
This usually happens at the behest of the insurance company who will choose to buy off the risk of the claim succeeding rather than pay to fight it in the courts. (even if the claim is somewhat dubious)

foggy_lad

Get Real wrote: »

I have a question that relates to this. If I am in a shop and get assaulted by a random stranger out of nowhere who is at fault?

I know companies have a duty of care to customers, but this attack was completely out of the blue.

I'm not involved btw :P

I think its ridiculous that a company can be sued for that, obviously thats debatable.

But if it had have happened 2 minutes later out on the street it would be a non issue.

Anyway, saw many a thing back then, even a guy on camera pouring water on the floor himself, jumping into it, and "slipping" then having the cheek to act so enraged he fell and would get thousands.

I would imagine the random stranger is at fault unless of course he had assaulted someone else before that and the shop staff/management had failed to take appropriate action to get him out of their premises.

AudreyHepburn

Get Real wrote: »

I have a question that relates to this. If I am in a shop and get assaulted by a random stranger out of nowhere who is at fault?

I know companies have a duty of care to customers, but this attack was completely out of the blue.

I'm not involved btw :P

I think its ridiculous that a company can be sued for that, obviously thats debatable.

But if it had have happened 2 minutes later out on the street it would be a non issue.

Anyway, saw many a thing back then, even a guy on camera pouring water on the floor himself, jumping into it, and "slipping" then having the cheek to act so enraged he fell and would get thousands.

The random stranger I would imagine, unless you could prove negligence of some kind against the shop. Which I don't think you could tbh.

lukesmom

I personally know the girl who climbed a 13 foot gate at the Oasis slane concert in 2009. She hurt her arm and last year flew back from Australia to take the concert promoters MCD to court and won €75K!!!!!!!! I was at the concert too, she was a girlfriend of our friend (thankfully not anymore) and she was absolutely blind drunk, girl could never handle her drink.

To Elland Back

Get Real wrote: »

I have a question that relates to this. If I am in a shop and get assaulted by a random stranger out of nowhere who is at fault?

I know companies have a duty of care to customers, but this attack was completely out of the blue.

I'm not involved btw :P

I think its ridiculous that a company can be sued for that, obviously thats debatable.

But if it had have happened 2 minutes later out on the street it would be a non issue.

Anyway, saw many a thing back then, even a guy on camera pouring water on the floor himself, jumping into it, and "slipping" then having the cheek to act so enraged he fell and would get thousands.

Sadly, the shop owner often bears the brunt for this scenario. He has a duty to ensure your safety on his premises while going about your business, including making sure other users don't interfere with your person

KungPao

Is she the same Albert Gladstone Trotter who, in 1946, fell into the cellar of the Victory Arms?

Zonda999

Now what would really be great is if one of these somehow went to the Supreme court and the plaintiff lost. The case law precedent would really dent the "compo culture" that's existed here for the last 20 years or so. By all accounts as well, its only getting worse, just look at insurance premiums in recent times to see that manifest itself.

This trend needs to be stamped out sooner rather than later. While i'm at it another one that makes no sense to me is how private land owners are required to have public liability insurance. If you're trespassing on some one else's property, it should be at ones own risk.

dxhound2005

lukesmom wrote: »

I personally know the girl who climbed a 13 foot gate at the Oasis slane concert in 2009. She hurt her arm and last year flew back from Australia to take the concert promoters MCD to court and won €75K!!!!!!!! I was at the concert too, she was a girlfriend of our friend (thankfully not anymore) and she was absolutely blind drunk, girl could never handle her drink.

There was a thread about the case last year.

http://www.boards.ie/vbulletin/showthread.php?t=2057158698

Grab All Association

I fell on HSE property. I hurt my wrist and it was their fault. There was no footpath and you basically had to walk through a car park to get to the entrance. There was a lot potholes and cracks in the concrete. One of the cracks tripped me. Anyway I could have sued them but I didn't.

1. I don't give a **** about money. My wrist was sore but meh I've had worse pain.
2. Why would you sue the health service ffs. It's in a crisis at the moment and any money taken out affects the patients not the admin.

I did ring the HSE (to scare them into doing something) and told them I would sue them if they didn't fix the surface of that car park (health centre with a lot of pregnant and elderly people going through the doors every day) They did a couple of weeks later.

Also

2 year old Johnny Maher sued the HSE through his parents blah blah blah. If I was in a situation like that I'd much rather have the IMC strike off the doctor.

Remember that case of a woman in Limerick who sued the HSE over a disease she caught from parrots suffering from chlamydia psittacosis. She got €7 million out of it. Most doctors in the HSE probably never even heard of it never mind treated it before ffs.

Grab All Association

lukesmom wrote: »

I personally know the girl who climbed a 13 foot gate at the Oasis slane concert in 2009. She hurt her arm and last year flew back from Australia to take the concert promoters MCD to court and won €75K!!!!!!!! I was at the concert too, she was a girlfriend of our friend (thankfully not anymore) and she was absolutely blind drunk, girl could never handle her drink.

(In the voice of Colm Meaney) Would she give me a riding?

berger89

It IS a dirty culture but it's "easy money" at the end of the day. remember the case in England (or Ireland, can't quite remember) about 4 or 5 years ago where CCTV got a fella going down to the milk fridge, opening a bottle, pouring it on the floor then falling to the ground, feigning injury.
He was laughed out of court.

But it's so easy to do. I don't know how anyone could have a conscience doing something like that. I'm all for karma. What goes around comes around.

Paz-CCFC

irish coldplayer wrote: »

You're not taking into account the amount of cases which are settled and never get near court.
This usually happens at the behest of the insurance company who will choose to buy off the risk of the claim succeeding rather than pay to fight it in the courts. (even if the claim is somewhat dubious)

A company would only be willing to pay out an amount in proportion to the chances of the case being successful, which its risk assessor would calculate. For anything substantial relative to the alleged injury, the plaintiff would require a prima facie case.

I could say that you're not taking account of the people who are in accidents but don't follow up on it. When such cases are heard, there's always near-universal condemnation of the "compo culture". That would suggest, to me, that most people who are in minor accidents just get on with it.

Zonda999 wrote: »

Now what would really be great is if one of these somehow went to the Supreme court and the plaintiff lost. The case law precedent would really dent the "compo culture" that's existed here for the last 20 years or so. By all accounts as well, its only getting worse, just look at insurance premiums in recent times to see that manifest itself.

One of what? A personal injuries case? Because there have been a number of them to have gone to the Supreme Court and dented the compo culture, as you say. Take, for example, Raleigh v Iarnród Éireann, where a man's claim was dismissed as an act of "stupidity". Others have seen awards reduced in proportion to the plaintiff's contributory negligence.

Cienciano

ScumLord wrote: »

High court would cost about €100,000 a day. Her solicitor would have told her that.

Plus solicitors pluck numbers out of thin air when it comes to billing. I'm sure they'd have no problem finding a number she would choke on floating around their office.

100k is a kick in the balls for most people, but she lives here according to the article, so probably isn't short of a few quid

fullstop

bear1 wrote: »

I'd be inclined to think she was texting and didn't see the kerb.
6 figure bill though.... my God.

If she can afford a house in The Birches the money won't be a problem.

Capt'n Midnight

o1s1n wrote: »

A solicitor advises you and puts your case together, a barrister represents you in court.

Maybe she had a solicitor but the barrister disagreed that the case was viable so she decided to represent herself in court?

Thought they got rid of that a few years back in a misguided effort to reduce costs, and the law talking guys just increased their fees to compensate ?

the_monkey

* Mother of six, Teresa Sweeney (37) claimed back and neck injuries after slipping in the ladies bathroom of a pub in Ballinrobe, Co Mayo.
But an independent witness, who was in a cubicle, said she heard two women enter the bathroom, followed by the sound of a glass breaking and a voice whispering "lie down and stay there".

What a pair of criminal masterminds ..