Claim Query

DaraDali

Just wondering what would happen in this Case :rolleyes:

If a friend of mine was on a night out and a guy tripped her and she fell on glass that was all over the road.

Report filled with Garda but no follow up from them,

Am I right in telling her she could take a case Personal injury claim against County Council over glass being on the street through the injuries board?

I know if this happened in a pub you could take a case against the pub, As the guy in question here was never found, could the case be taken against the Council?

CIARAN_BOYLE

DaraDali wrote: »

I know if this happened in a pub you could take a case against the pub, As the guy in question here was never found, could the case be taken against the Council?

No the council wouldn't be reasonably expected to have the street cleaned between when the glass was broken and when your friend tripped into the glass.

listermint

Why doesnt she go after the person who assaulted her? rather than looking for retribution from the tax payer.

livedadream

DaraDali wrote: »

Just wondering what would happen in this Case :rolleyes:

If a friend of mine was on a night out and a guy tripped her and she fell on glass that was all over the road.

Report filled with Garda but no follow up from them,

Am I right in telling her she could take a case Personal injury claim against County Council over glass being on the street through the injuries board?

I know if this happened in a pub you could take a case against the pub, As the guy in question here was never found, could the case be taken against the Council?

has she injuries that warrant a case being taken? is she out of pocket for medical expenses, missed work? pain and suffering?
or is just just po'd that some twat tripped her and she fell? and the garda have better things to be doing or have deemed that no crime was committed?

DaraDali

listermint wrote: »

Why doesnt she go after the person who assaulted her? rather than looking for retribution from the tax payer.

Man was never found, report would have been made to the garda

seamus

DaraDali wrote: »

I know if this happened in a pub you could take a case against the pub, As the guy in question here was never found, could the case be taken against the Council?

In that case, the pub would only be liable if they had been made aware of the broken glass and had failed to clean it up. If someone smashed a glass on the ground and then immediately got pushed on top of it, the pub would have no liability*

Likewise with the council, one would need to prove that the glass had been there for a while or had been poorly cleaned up.

If she has a couple of cuts and scrapes, she is required <<mod deletion>> to just get on with her life.

*Though in practice judges will often award payouts anyway if the injury is severe enough, because the business is insured and the individual is not

DaraDali

livedadream wrote: »

has she injuries that warrant a case being taken? is she out of pocket for medical expenses, missed work? pain and suffering?
or is just just po'd that some twat tripped her and she fell? and the garda have better things to be doing or have deemed that no crime was committed?

In fairness she's not just trying to claim off the state, had a tendon repair but lost about 70% movement in 2 fingers, nerve damage, handgrip, alot of scars etc.

Tbh the garda didn't pursue the man in question, stayed with my friend.

The guy in question tripped her while crossing a road, guess he though it would be funny

livedadream

DaraDali wrote: »

livedadream wrote: »

has she injuries that warrant a case being taken? is she out of pocket for medical expenses, missed work? pain and suffering?
or is just just po'd that some twat tripped her and she fell? and the garda have better things to be doing or have deemed that no crime was committed?

In fairness she's not just trying to claim off the state, had a tendon repair but lost about 70% movement in 2 fingers, nerve damage, handgrip, alot of scars etc.

Tbh the garda didn't pursue the man in question, stayed with my friend.

The guy in question tripped her while crossing a road, guess he though it would be funny

isnt there a victim fund? not sure if thats suitable here but might be worth looking into...

ohnonotgmail

livedadream wrote: »

has she injuries that warrant a case being taken? is she out of pocket for medical expenses, missed work? pain and suffering?
or is just just po'd that some twat tripped her and she fell? and the garda have better things to be doing or have deemed that no crime was committed?

I dont think the level of injuries come into it. The council wont be responsible for broken glass on the ground.

SteoL

Really despair for this country with its compensation culture. Instead of personal responsibility it's how much can I get out of whom. Sad that this is Ireland in 2016.

brian_t

SteoL wrote: »

Instead of personal responsibility it's how much can I get out of whom.

Did you miss the "a guy tripped her" bit.

SteoL

brian_t wrote: »

Did you miss the "a guy tripped her" bit.

The guy tripped her and she's trying to get money out of the council.

Masala

tut, tut, tut...shakes head!!!!!

She should have rang 4 of her mates and get them all around and take photos of themselves on the ground. ooohh... thats a separate claim type.

Jesus wept....(I love that term!)

Riva10

DaraDali wrote: »

Just wondering what would happen in this Case :rolleyes:

If a friend of mine was on a night out and a guy tripped her and she fell on glass that was all over the road.

Is she a teetotalist?.
Just asking.

carav10

Hang on a minute to all those going off on their high horse about claim culture and all that. What if (and it's a what if) this person was a professional musician and depended on her hands for her livelihood? What if she works in IT and is 100% of her time on a computer and now has lost 70% function?? Maybe stop and think about the impact that being injured as a result of someone else's actions can have on a person's life.

She (IMO) doesn't have the right to go after the council, but it's a shame she can't track down the person who tripped her and get action that way as this would be entirely valid.

If the OP's story is accurate, she's not personally responsible for the injuries but should not be seeking refund from the incorrect party (i.e. the council). That's the part I can't stand, where they go after an 'entity' because there's the thought that noone there will personally suffer as a result of being claimed against. A civil claim against the actual person who tripped her is the only correct route to go.

Personal responsibility comes into play when you're deliberately partaking in a reasonably high risk activity and you don't take due care to look after yourself but decide someone else is to blame anyway (case in the courts at the moment) - hope it gets thrown out...

ohnonotgmail

carav10 wrote: »

Hang on a minute to all those going off on their high horse about claim culture and all that. What if (and it's a what if) this person was a professional musician and depended on her hands for her livelihood? What if she works in IT and is 100% of her time on a computer and now has lost 70% function?? Maybe stop and think about the impact that being injured as a result of someone else's actions can have on a person's life.

She (IMO) doesn't have the right to go after the council, but it's a shame she can't track down the person who tripped her and get action that way as this would be entirely valid.

If the OP's story is accurate, she's not personally responsible for the injuries but should not be seeking refund from the incorrect party (i.e. the council). That's the part I can't stand, where they go after an 'entity' because there's the thought that noone there will personally suffer as a result of being claimed against. A civil claim against the actual person who tripped her is the only correct route to go.

The question was asked in Legal Discussion not AH. the effect of the injuries has no bearing on who is responsible.

SteoL

Agree she should, in those scenarios, go after the guilty party. What really Pisses me off is when certain folk have a slight fall and sue for the trauma occurred. Ooh I have nightmares that should get me few extra grand.

One of these cases happened recently. Some woman fell on a mountain walk, Wicklow Way or similar where the terrain can be slippy. She successfully sued thus ruining that particular amenity from the rest of the public.

Riva10

SteoL wrote: »

The guy tripped her and she's trying to get money out of the council.

Or was she drunk? :rolleyes:

goz83

SteoL wrote: »

Agree she should, in those scenarios, go after the guilty party. What really Pisses me off is when certain folk have a slight fall and sue for the trauma occurred. Ooh I have nightmares that should get me few extra grand.

One of these cases happened recently. Some woman fell on a mountain walk, Wicklow Way or similar where the terrain can be slippy. She successfully sued thus ruining that particular amenity from the rest of the public.

Wasn't that the case where the woman slipped on a man made structure and not on natural "terrain"?

ohnonotgmail

goz83 wrote: »

Wasn't that the case where the woman slipped on a man made structure and not on natural "terrain"?

It was. A man made structure that had not been maintained properly.

RayCun

ohnonotgmail wrote: »

It was. A man made structure that had not been maintained properly.

that had not been maintained to the same level as a regular path, possibly because it was halfway up a hill in the middle of nowhere :rolleyes:

ohnonotgmail

RayCun wrote: »

that had not been maintained to the same level as a regular path, possibly because it was halfway up a hill in the middle of nowhere :rolleyes:

not sure what the sarcasm is for. If you build a structure for public use there is an expectation that you will maintain it properly.

DaraDali

carav10 wrote: »

Hang on a minute to all those going off on their high horse about claim culture and all that. What if (and it's a what if) this person was a professional musician and depended on her hands for her livelihood? What if she works in IT and is 100% of her time on a computer and now has lost 70% function?? Maybe stop and think about the impact that being injured as a result of someone else's actions can have on a person's life.

She (IMO) doesn't have the right to go after the council, but it's a shame she can't track down the person who tripped her and get action that way as this would be entirely valid.

If the OP's story is accurate, she's not personally responsible for the injuries but should not be seeking refund from the incorrect party (i.e. the council). That's the part I can't stand, where they go after an 'entity' because there's the thought that noone there will personally suffer as a result of being claimed against. A civil claim against the actual person who tripped her is the only correct route to go.

Personal responsibility comes into play when you're deliberately partaking in a reasonably high risk activity and you don't take due care to look after yourself but decide someone else is to blame anyway (case in the courts at the moment) - hope it gets thrown out...

She actually does work in IT, she doesn't even know about this thread :eek:
I was wondering it myself, I told her about the Injurys boards but in my head i didn't know who would be responsible myself, I assumed myself it could the council that she would have to put a claim against, but as i read here i was mistaken ,

To be honest and i know I am biased, but she is very responsible but I hate seeing a friend still in pain over a year later,

Side Note:

Do anyone know how long banks keep CCTV ? happened beside a bank so thinking I can make a request for the CCTV

DaraDali

Riva10 wrote: »

Is she a teetotalist?.
Just asking.

Had to google what a teetotalist was:

She does drink but on the night in this happened, she was driving

DaraDali

SteoL wrote: »

Agree she should, in those scenarios, go after the guilty party. What really Pisses me off is when certain folk have a slight fall and sue for the trauma occurred. Ooh I have nightmares that should get me few extra grand.

One of these cases happened recently. Some woman fell on a mountain walk, Wicklow Way or similar where the terrain can be slippy. She successfully sued thus ruining that particular amenity from the rest of the public.

I was only quoting the case you mentioned above today, Yes hate this one myself, but you would have to agree that cutting your hand on glass in the street is alot better than losing your step in the Wicklow mountains