Fall in public space.

auspicious · 08-06-2018 12:52PM #1

A year or so ago an immediate relative whom is an old age pensioner fell in our local town due to a pavement brick sticking up about 3 inches. i.e. not secured correctly or loose from wear and tear.
In a lot of pain, an ambulance was called and it brought her to the nearest hospital.
The shoulder was dislocated and general anaesthetic was administered to realign it. She was home the same night but in considerable pain for some time after.
I feel she is entilted to compensation.
Any thoughts would be welcome.

....... · 08-06-2018 01:00PM

This post has been deleted.

_Brian · 08-06-2018 01:00PM

auspicious wrote: »

A year or so ago an immediate relative whom is an old age pensioner fell in our local town due to a pavement brick sticking up about 3 inches. i.e. not secured correctly or loose from wear and tear.
In a lot of pain, an ambulance was called and it brought her to the nearest hospital.
The shoulder was dislocated and general anaesthetic was administered to realign it. She was home the same night but in considerable pain for some time after.
I feel she is entilted to compensation.
Any thoughts would be welcome.

I suppose the first question is evidence..
What evidence is there to support that this brick caused the fall and not that yet another elderly person stumbled and fell over ?
Is there evidence that there was even a misplaced brick, photos etc..

Eggs For Dinner · 08-06-2018 01:00PM

Did anyone take any photos of the raised brick or is it still like that?

randomrb · 08-06-2018 01:25PM

For a case like this you need a good engineering report on the accident site, because this was a year ago its likely the pavement is not the same. Without a good engineering report it would be incredibly difficult

auspicious · 08-06-2018 01:31PM

There was a photo taken. I am unsure if it is still available . The ambulance driver witnessed the uneven brick and at the time said "you should see about that."
It happened in the afternoon whilst she was out grocery shopping alone.

randomrb · 08-06-2018 01:36PM

If you were to bring this case I would imagine a solicitor would ask for payment as it progresses rather than on a "no foal no fee basis".

This would cost about €1000 minimum just for expert reports and court fees. Thats not including barristers or solicitors fees.

County councils don't settle these cases very often and usual fight them to the bitter end to discourage potential litigants.

Unless your friend has a couple of grand handy I would suggest she forgets about it.

hullaballoo · 08-06-2018 01:52PM

These threads attract nonsense posts like flies to siht unfortunately, OP.

The best bet is for your relative to consult with a solicitor about her fall and injuries. A solicitor can assess whether there is a claim or not given all of the facts and not just bits and pieces. They are also professionals and are competent to give views in relation to the evidential burdens of such cases, the specific laws that apply to County Councils and other public bodies regarding the questions of feasance and negligence etc.

Many (if not all) solicitors who take on plaintiff personal injuries cases do so on a no foal, no fee basis, which is at their own (the solicitor's) risk. Some will also arrange for payment by installments for expert reports as the need arises.

Given the likelihood of further disingenuous replies and high-horse moralising, I am closing this thread.

Fall in public space.

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