Cut Thumb = €500,000

Gatling

A judge awarded a former waitress €500,000 in court today after she cut her thumb quite bad after a jug she was using broke in her hand .judge claimed it was a life changing injury and decided to award her the following.

€195,000 in special damages.  It will go towards  €13,000 for an automatic car; €1,000 a year for a weekly €20 wash and blow dry at the hairdressers, and €39 every three months for hair colouring and €2000 per annum for home help .

Now this girl suffered a deep cut yeah that true but life changing and the need for an automatic car and home help is rediculous she cut her thumb not suffered limb amputations .

Surely been the gear stick on irish cars is on the left it it negates the need for an automatic car been it's her right thumb is injured .

Where's do judges come to the cost decisions in these cases.

http://m.independent.ie/irish-news/courts/waitress-awarded-500000-for-hand-injury-suffered-after-glass-jug-shattered-34610957.html

GiftofGab

Any source?

Hasmunch

Source

ytpe2r5bxkn0c1

The Irish Times had it over the weekend. In fairness she has lost power and a lot of use in the hand as a result. I'm sure if the OP were in a similar situation they'd just shrug it off, man up, and carry on regardless.

Gatling

GiftofGab wrote: »

Any source?

Added

Gatling

Karina Whispering Logo wrote: »

The Irish Times had it over the weekend. In fairness she has lost power and a lot of use in the hand as a result.

Highly doubt that .

There's been real life changing injuries and not got half that payment

frozenfrozen

Looks like a complaint was made that something similar had happened before and nothing was done -- it may be excessive but the payout might scare people into taking complaints like that seriously.

Losing the full use of a hand would definitely lead to a loss of income and reduced standard of living. The payout sounds big but we don't know how bad it is and it could have been avoided if the previous complaints were taken on board. It was negligence on their part

Maximus Alexander

Gatling wrote: »

Where's do judges come to the cost decisions in these cases.

I'm not sure, but I reckon they probably have more to work off than an Independent article.

smash

Gatling wrote: »

Now this girl suffered a deep cut yeah that true but life changing and the need for an automatic car and home help is rediculous she cut her thumb not suffered limb amputations.

"She claimed she has been left with a loss of strength in her right hand and could not resume work as a waitress."

Maybe she never got the strength back?

Tombo2001

You can put in all the 'ifs' and 'buts' you want; it seems an unbelievably high pay out.

Gatling

Maximus Alexander wrote: »

I'm not sure, but I reckon they probably have more to work off than an Independent article.

Yeah the use the book of quantum a widely used but widely recognised as been a few years out of date to calculate claims

Guy:Incognito

Karina Whispering Logo wrote: »

The Irish Times had it over the weekend. In fairness she has lost power and a lot of use in the hand as a result. I'm sure if the OP were in a similar situation they'd just shrug it off, man up, and carry on regardless.

Ive lost the use of my little finger on my left hand. Youd be surprised how much grip strength you lose by not using it. It happenend playing football and the operation fused the joint in a way that its semi bent so not sticking straight out all the way when i bend my other fingers. Shortly after i went back playing rugby, it caught in a guys jersey as he was going by and snapped near the knuckle. So another operation. That was 5 years ago.


Now i tape it to the finger beside it when i play rugby and ive moved on.......

fatknacker

I wouldn't be opposing those digits, myself.

Gatling

Gatling wrote: »

€195,000 in special damages.  It will go towards  €13,000 for an automatic car; €1,000 a year for a weekly €20 wash and blow dry at the hairdressers, and €39 every three months for hair colouring and €2000 per annum for home help .

Now this girl suffered a deep cut yeah that true but life changing and the need for an automatic car and home help is rediculous she cut her thumb not suffered limb amputations .

Surely been the gear stick on irish cars is on the left it it negates the need for an automatic car been it's her right thumb is injured .

She was working as a waitress and has lost most of the power in her hand, so that's her livelihood compromised. She's been rightly compensated for lost earnings.

She's French, so the point about the gears on an Irish car isn't going to apply in France. She's had her new transport needs provided for, rightly.

Complaints were made about the same issue, the company did nothing. Punitive damages were in order. Rightly, for all workers safety.

A loss of strength means that her ability to carry out normal household tasks would be affected. She's been awarded money to help bridge the gap between what needs to be done and what she can now do after a life changing injury. Rightly.

So the injury means she can't live her life the way she used to, but the slant is she's gotten a fortune for a cut to her thumb. Classy.

AtomicHorror

Gatling wrote: »

Yeah the use the book of quantum a widely used but widely recognised as been a few years out of date to calculate claims

I'm having a lot of trouble parsing this sentence.

I think the point still stands anyway- the judge had a lot more detail to base the payout on than we have. Not sure I really see the point in expressing any outrage at this. Someone was injured. The responsible party were identified. Costs were awarded in line with the judges assessment of the severity of the injuries and their broader consequences.

If we don't consider that to be valid then what are judges for, exactly?

ScumLord

I can understand her hand may be fecked now and that deserves a payout. I don't understand why the judge is giving her money for hairdressing? It seems bizarre to give a judgement for something like that?

Arsemageddon

AtomicHorror wrote: »

If we don't consider that to be valid then what are judges for, exactly?

Obviously a judges most important role is to keep us supplied with fresh 'this country is a joke' type threads based on misleading stories from the Indo.

AtomicHorror

Arsemageddon wrote: »

Obviously a judges most important role is to keep us supplied with fresh 'this country is a joke' type threads based on misleading stories from the Indo.

I'd love to be a professional outrage generator too.

ScumLord

ScumLord wrote: »

I can understand her hand may be fecked now and that deserves a payout. I don't understand why the judge is giving her money for hairdressing? It seems bizarre to give a judgement for something like that?

Someone's not a girl!!!

You can't do your own hair if your hand doesn't work properly

frozenfrozen

ScumLord wrote: »

I can understand her hand may be fecked now and that deserves a payout. I don't understand why the judge is giving her money for hairdressing? It seems bizarre to give a judgement for something like that?

her hand might be really in bits and she wouldn't be able to wash her hair etc herself. Could be a serious thing, maybe she had lovely hair that has gone to **** in the meantime because of the stress and not having the use of her hand. Wouldn't be too out of this world for something like that to be the case

AtomicHorror

bubblypop wrote: »

Someone's not a girl!!!

You can't do your own hair if your hand doesn't work properly

That's a fair point. Most guys losing the use of one hand could get by with a Remington taped to a selfie stick.

seamus

The standard payouts for injuries don't cover medical bills, loss of earnings or other ongoing costs.

By all accounts, she's functionally lost the use of her right hand, which is going to have life-long implications.

Someone who loses a hand doesn't "just" get a five-figure payout, they'll get a pile of other costs too. Circumstances are important too - a premier league footballer losing a leg will get a way bigger payout than a computer programmer. If she hasn't been able to work in nine years because of this injury, it stands to reason she's going to have difficulty making an income for the rest of her life. Why shouldn't she be compensated?

AnonoBoy

Thread title is massively misleading.

This is not just a cut.

I know if I lost strength in one of my hands I'd be unable to do my job properly. If it was my employer's fault then you better believe I'd come looking for damages.

I have thousands of mouths to feed.

Granted I could sell that ant farm but still I would be unable to earn a living.

osarusan

170,000 for pain and suffering.

135,000 for loss of earnings.

195,000 in special damages - to cover costs such as a new car, home help, and other things.

Engineering evidence on behalf of Ms Caillaud found a number of broken jugs, which were examined, were not suitable for catering use as they contained an unusually thick handle. The joint with the thin glass of the jug was liable to be fragile and unsafe if subjected to rapid heating and cooling such as prolonged dishwasher use in the catering trade, he said.

No engineering evidence was offered by the other side, he noted.

He found hotel management were or ought to have been aware of the complaints about breakages and ought to have been put on alert and removed the jugs as unsuitable.

http://www.irishtimes.com/news/crime-and-law/courts/high-court/waitress-who-hurt-hand-when-jug-exploded-awarded-500-000-1.2603481

ScumLord

frozenfrozen wrote: »

her hand might be really in bits and she wouldn't be able to wash her hair etc herself. Could be a serious thing, maybe she had lovely hair that has gone to **** in the meantime because of the stress and not having the use of her hand. Wouldn't be too out of this world for something like that to be the case

Still seems odd thing to highlight and to have considered. I suppose these court cases take so long she had time to live through the injury and get a good idea of what her needs would be.

Agent Smith

The Judge made the judgement in fairness....

HensVassal

Regarding the car....her right hand is damaged. That means she can't use her right hand on the steering wheel. She will have to engage the automatic gear with her left hand and then steer with her left hand.

Gatling

HensVassal wrote: »

Regarding the car....her right hand is damaged. That means she can't use her right hand on the steering wheel. She will have to engage the automatic gear with her left hand and then steer with her left hand.

See someone else gets the car thing

screamer

HensVassal wrote: »

Regarding the car....her right hand is damaged. That means she can't use her right hand on the steering wheel. She will have to engage the automatic gear with her left hand and then steer with her left hand.

Should she be driving at all one handed?

frozenfrozen

screamer wrote: »

Should she be driving at all one handed?

Why not if it's automatic?

martyos121

screamer wrote: »

Should she be driving at all one handed?

Absolutely not. She's a danger to other road users. That part of the settlement is baffling, she's in no state to operate a vehicle of any sort.

screamer

screamer wrote: »

Should she be driving at all one handed?

LOL!
Are you suggesting disabled people shouldn't drive!!!!

They get all the best parking spaces..

ScumLord

martyos121 wrote: »

Absolutely not. She's a danger to other road users. That part of the settlement is baffling, she's in no state to operate a vehicle of any sort.

Get the judge to double the money so she can get a tesla with self drive so.

Ush1

Surely half a mill can get some sort of cybernetic robot arm for her?

martyos121

ScumLord wrote: »

Get the judge to double the money so she can get a tesla with self drive so.

If that's an option (don't know much about those tbh) then yeah I'd have to agree. All I'm saying is I'd be nervous about a one-handed person on the roads even in a reliable automatic, for their own sake as much as anyone else's. What happens if the power steering cuts out?

A self-drive car would be fair in those circumstances.

gctest50

screamer wrote: »

Should she be driving at all one handed?

dunno

Allyall

More and more of these cases with ridiculously large payouts seem to be happening, the cynic in me thinks that the justice system stands to make some healthy profits out of them.... :pac:

ScumLord

martyos121 wrote: »

If that's an option (don't know much about those tbh) then yeah I'd have to agree. All I'm saying is I'd be nervous about a one-handed person on the roads even in a reliable automatic, for their own sake as much as anyone else's. What happens if the power steering cuts out?

How often does that actually happen? I've never really even heard of it happening. Cars for one handed people are adapted with one of those noobs on the steering wheel like you have on a forklift. It makes using a wheel one handed easier. she can probably still operate indicator switches with her injured hand so she should have no problems driving.

SEPT 23 1989

You could take both my thumbs off with a chisel for that kind of money

martyos121

ScumLord wrote: »

How often does that actually happen? I've never really even heard of it happening. Cars for one handed people are adapted with one of those noobs on the steering wheel like you have on a forklift. It makes using a wheel one handed easier. she can probably still operate indicator switches with her injured hand so she should have no problems driving.

It does happen unfortunately, someone I know was very lucky to escape without injury when it happened to them, they reacted well to the situation and were fortunate the road was quiet and mostly straight.

If there's a safe way for her to take to the roads, then I'm all for it, I was merely objecting to the fact that it was assumed she'd be driving a regular automatic car, which is unsafe IMO.

Muahahaha

Heres the Injuries Board guidance for hand injuries
http://www.injuriesboard.ie/eng/How-to-make-a-claim/Estimate-your-claim/

€108,000 to €142,000 – loss of one hand (below elbow amputation)
€136,000 to €192,000 – loss of both hands (below elbow amputation)
Up to €26,200 – Minor soft tissue injury to hand - good recovery
€15,500 to €70,100 – Moderate soft tissue injury to hand – significant ongoing condition
€26,000 to €88,600 – Severe soft tissue injury to hand (serious and permanent condition)
€13,200 to €22,000 – Minor hand fracture - good recovery
€20,200 to €67,500 – Moderate hand fracture – significant ongoing condition
€60,500 to €86,600 – Severe hand fracture (serious and permanent condition)

failinis

My grandfather chopped his thumb off 3 times (was sewn back on twice and it was lost the 3rd time) and whatever way he hit it the last time, it really effected the nerves or tendons in his hand, really could not use his hand at all.
He learnt to cope with it of course but really impacted him.
I can understand the pay out - partly if its a "make an example" case and if she had been unable to work for 9yrs.

ScumLord

martyos121 wrote: »

If there's a safe way for her to take to the roads, then I'm all for it, I was merely objecting to the fact that it was assumed she'd be driving a regular automatic car, which is unsafe IMO.

It would be unsafe, if the injury is as bad as the court says then she needs a special car. I got a lift off a guy years ago who's left arm was in a cast. He'd have to take his hand off the wheel and reach across himself to change gear. It was scary.

Arsemageddon

failinis wrote: »

My grandfather chopped his thumb off 3 times (was sewn back on twice and it was lost the 3rd time) and whatever way he hit it the last time, it really effected the nerves or tendons in his hand, really could not use his hand at all.
He learnt to cope with it of course but really impacted him.
I can understand the pay out - partly if its a "make an example" case and if she had been unable to work for 9yrs.

I have to ask...

How did he manage to chop off his thumb three times?

Cuddlesworth

Arsemageddon wrote: »

I have to ask...

How did he manage to chop off his thumb three times?

Because the other guy kept saying "its just a prank bro"

failinis

Arsemageddon wrote: »

I have to ask...

How did he manage to chop off his thumb three times?

He chopped kindle/tinder for fires to sell in small local shops.
I think the 1st and 2nd were an axe and the 3rd was a circular saw.

Granda had my father and my 4 brothers chopping wood the odd weekend to help him out
Every single one of them have hit their thumb with an axe at least once (my dad's was hanging on with the skin when we had to rush him to hospital) :eek:

You could say its a family tradition actually.

Misty Chaos

Like the infamous McDonald's coffe burn case, this is another one that really needs to be read further than the headline.

Given everything, it was just. Losing practically all use of a hand over something like this can indeed compromise your life. I also say that the Hotel in question was too cheap to replace the jugs, even after repeated complaints because profits. Sometimes, you have to make an example of someone in order to scare everyone else into action.

It does seem on the high side, but if she needs home help clearly it's a very serious injury that has had a disastrous affect on her life.

HensVassal

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screamer wrote: »

Should she be driving at all one handed?

Why not? She's not blind. She can drive a left or right hand auto. Left would be harder if the shift is centre console but doable. Lots of automatics now have touch button dashboard shifts. Also plenty of people drive with a broken arm. I don't think you are banned once you are handicapped whether temporarily or permanently.

HensVassal

Gatling wrote: »

See someone else gets the car thing

No....you said it was odd that she needed an automatic when in Ireland her "good" hand would be the one changing gears. She needs an automatic because her good hand has to steer, not be taken off the wheel to change gears.

MarkAnthony

Crazy amount of money in fairness. Really odd as I'm usually arguing the other side on these.

Who are you and what have you done with After Hours. I can only assume the Judge though a measure of punative damages was appropriate.