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Luas surfer

2»

Comments

  • Registered Users, Registered Users 2 Posts: 25,027 ✭✭✭✭Wishbone Ash


    trellheim wrote: »
    ...I wonder why they did not appeal
    Haven't you read the article? They settled. You can't settle and then appeal.


  • Registered Users, Registered Users 2 Posts: 3,714 ✭✭✭Praetorian


    I understand the company settling if they were fairly sure they were going to lose if they went to trial. I don't understand why they would lose if they went to trial. Any person even a 13-year-old child knows taking a risk as she did is stupid.

    Who is at fault for this stupidity? I'm not talking about the girl's stupidity. Is it our judiciary? Our laws? Then who?


  • Registered Users Posts: 212 ✭✭kencoo


    With liability a company causing the danger is 100 percent liable. That 100 percent is reduced with various safety steps they put in place until that number deduces to zero. Most companies cannot reach zero unfortunately as its too expensive or they dont forsee the danger. The point is the brain injury was probably worth 2 or 3 million at 100 percent liability. There own safety standards reduced their liability but they were always going to have to pay something.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,510 CMod ✭✭✭✭magicbastarder


    XPS_Zero wrote: »
    Didn't you all just know what she'd look like, right down to the look on her face, before you opened the link?
    oh, seriously? did the woman who tried to sue the NPWS when she fell and hurt her knee look like that and have that look on her face.
    i don't know what the rest of your post says (i would refuse to read it) so can't comment on it, but the opening line is a thundering disgrace.


  • Registered Users, Registered Users 2 Posts: 3,912 ✭✭✭yosser hughes


    Will this person now be means tested with regard to her continued eligibility to live in a council flat in Dublin 2?


  • Registered Users, Registered Users 2 Posts: 29,776 ✭✭✭✭AndrewJRenko


    Will this person now be means tested with regard to her continued eligibility to live in a council flat in Dublin 2?
    You know that the settlement is calculated to get her back to where she would have been if the incident hadn't happened - cost of surgery, extensive rehab, lifetime support services and more, right? It's not a lottery win.


  • Registered Users, Registered Users 2 Posts: 6,026 ✭✭✭Amalgam


    You know that the settlement is calculated to get her back to where she would have been if the incident hadn't happened - cost of surgery, extensive rehab, lifetime support services and more, right? It's not a lottery win.

    You have cases where, [nudge] [nudge] [wink] [wink], the injury only really has an impact within the four walls of the court.

    I'm not saying that this is the case here, but eh..


  • Registered Users Posts: 1,494 ✭✭✭PCeeeee


    You know that the settlement is calculated to get her back to where she would have been if the incident hadn't happened - cost of surgery, extensive rehab, lifetime support services and more, right? It's not a lottery win.

    How much did the surgery cost her family do you reckon?


  • Registered Users, Registered Users 2 Posts: 34,321 ✭✭✭✭NIMAN


    Damien360 wrote: »
    No. If they operate like CIE/IR/BE they always go to the steps of the court and settle. They don't want to risk a big reward. Settling at 550k is odd. No mention of what brain injury occured but I am assuming she can't work for life and a possible judge payout might have reflected that.

    No harm, but I'd hazard a guess this one mightn't have done much work for the rest of her life anyway, brain injury or not.


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  • Registered Users, Registered Users 2 Posts: 34,321 ✭✭✭✭NIMAN


    PCeeeee wrote: »
    How much did the surgery cost her family do you reckon?

    I'm sure all her assistance and rehab from her injury up to now has been paid for by the HSE and the taxpayers.

    Now that she gets such a huge lump sum, which you often hear will pay for future rehab and medical expenses, does that mean she will be going private from now on? I seriously doubt it, its the HSE that will be helping her for the rest of her life, and she'll keep the half mill for her own use.


  • Registered Users, Registered Users 2 Posts: 21,065 ✭✭✭✭Odyssey 2005


    NIMAN wrote: »
    I'm sure all her assistance and rehab from her injury up to now has been paid for by the HSE and the taxpayers.

    Now that she gets such a huge lump sum, which you often hear will pay for future rehab and medical expenses, does that mean she will be going private from now on? I seriously doubt it, its the HSE that will be helping her for the rest of her life, and she'll keep the half mill for her own use.

    Bingo.!


  • Registered Users, Registered Users 2 Posts: 34,321 ✭✭✭✭NIMAN


    Ker-ching !!


  • Closed Accounts Posts: 1,857 ✭✭✭TheQuietFella


    https://www.rte.ie/news/ireland/2018/1019/1005378-level-crossing-damage/

    Surely this driver is entitled to compensation so?


  • Registered Users, Registered Users 2 Posts: 2,270 ✭✭✭twowheelsonly


    I feel sorry for any young person paying a high price for horseplay, but this settlement has me baffled. I just cannot see how the company was negligent.

    According to the article this behaviour had been quite popular at the time - so much so that they greased the doors and eventually put a strip over the gap. Having a second camera monitor in the cab may have prevented this episode happening and I've no doubt that they're aware of that, hence the settlement.


  • Registered Users Posts: 119 ✭✭Phen2206


    Having a second camera monitor in the cab may have prevented this episode happening and I've no doubt that they're aware of that, hence the settlement.
    A settlement would be understandable if she had been using the Luas like a normal passenger in a safe manner and got injured through no fault of her own.

    But given that she willingly and knowingly endangered herself, I cannot accept that the company is to blame here. If you apply this same logic to other activities in everyday life like getting a bus, going into a shop, going to get a hair cut - there would be countless idiotic ways to endanger yourself where you could then use this same argument to go and get a payout. It’s just not reasonable to expect companies like Veolia to safeguard themselves against every single conceivable stupid human act and accept liability when something like this happens.


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  • Registered Users, Registered Users 2 Posts: 1,908 ✭✭✭zom


    Damien360 wrote: »
    No. If they operate like CIE/IR/BE they always go to the steps of the court and settle. They don't want to risk a big reward. Settling at 550k is odd.

    There is 54 more incidents mentioned on RTE website. Surely soon we face fares rise again, to cover golden tickets for skanger surfers on Luas...

    http://www.thejournal.ie/from-december-some-dublin-bus-luas-and-irish-rail-fares-go-up-others-go-down-4293807-Oct2018/


  • Registered Users, Registered Users 2 Posts: 29,776 ✭✭✭✭AndrewJRenko


    NIMAN wrote: »
    I'm sure all her assistance and rehab from her injury up to now has been paid for by the HSE and the taxpayers.

    Now that she gets such a huge lump sum, which you often hear will pay for future rehab and medical expenses, does that mean she will be going private from now on? I seriously doubt it, its the HSE that will be helping her for the rest of her life, and she'll keep the half mill for her own use.

    Have you ever tried getting rehab services like physio, occupational therapy, speech therapy and personal assistance from the HSE?


  • Registered Users, Registered Users 2 Posts: 29,776 ✭✭✭✭AndrewJRenko


    PCeeeee wrote: »
    How much did the surgery cost her family do you reckon?

    I don't reckon. Seeing as I know sweet fa about her medical requirements, I leave that kind of reckoning to those who do know something about it. How much do you reckon?


  • Registered Users, Registered Users 2 Posts: 25,027 ✭✭✭✭Wishbone Ash


    https://www.rte.ie/news/ireland/2018/1019/1005378-level-crossing-damage/

    Surely this driver is entitled to compensation so?
    Why? Did they suffer personal injury?


  • Registered Users, Registered Users 2 Posts: 29,776 ✭✭✭✭AndrewJRenko


    Why? Did they suffer personal injury?

    Or more specifically, did they suffer personal injury as a result of negligence by Irish Rail?


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  • Registered Users, Registered Users 2 Posts: 34,321 ✭✭✭✭NIMAN


    Have you ever tried getting rehab services like physio, occupational therapy, speech therapy and personal assistance from the HSE?

    For myself, no thankfully not.

    But I have had ST for one of my kids, and it was a very good service and didn't have to wait too long for it.


  • Registered Users, Registered Users 2 Posts: 29,776 ✭✭✭✭AndrewJRenko


    NIMAN wrote: »
    For myself, no thankfully not.

    But I have had ST for one of my kids, and it was a very good service and didn't have to wait too long for it.

    Try getting therapy as an adult and see what the waiting list is like

    https://extra.ie/2018/08/07/lifestyle/health/speech-therapy-waiting-lists


  • Registered Users Posts: 1,494 ✭✭✭PCeeeee


    I don't reckon. Seeing as I know sweet fa about her medical requirements, I leave that kind of reckoning to those who do know something about it. How much do you reckon?

    I'm afraid Andrew it was you who broached the subject of the cost of surgery as a factor in the large payout. As such I feel it is more than fair to ask the question I did.

    As it happens I didn't doubt it was 'sweet fa' you knew about this woman's expenses, exactly what I know of her myself I might add. However I do reckon on things Andrew, it is how I arrive at a view of the world. And I reckon they spent (in your words) 'sweet fa'. On surgery, on rehab, on any damn thing but that is just my opinion.

    On a related note I have had cause to use HSE physio on a number of occasions and found it excellent, I had no problem getting appointments, the treatment was superb.


  • Registered Users, Registered Users 2 Posts: 29,776 ✭✭✭✭AndrewJRenko


    PCeeeee wrote: »
    I'm afraid Andrew it was you who broached the subject of the cost of surgery as a factor in the large payout. As such I feel it is more than fair to ask the question I did.

    As it happens I didn't doubt it was 'sweet fa' you knew about this woman's expenses, exactly what I know of her myself I might add. However I do reckon on things Andrew, it is how I arrive at a view of the world. And I reckon they spent (in your words) 'sweet fa'. On surgery, on rehab, on any damn thing but that is just my opinion.
    And indeed, you're entitled to your opinion of course, based on 'sweet FA' as you confirmed. Let's contrast that with the opinion of the judge in Court who would have seen a very detailed Statement of Claim showing exactly costs to rectify the harms done.



    But sure let's just listen to the people who know sweet FA instead.

    PCeeeee wrote: »
    On a related note I have had cause to use HSE physio on a number of occasions and found it excellent, I had no problem getting appointments, the treatment was superb.


    I guess you weren't one of the 491 who was waiting > 12 months simply to be assessed for physio . Or the >3,000 people waiting for assessment for 6-12 months. They're the 2016 figures, so I could have got even worse since then.



    https://www.hse.ie/eng/about/personalpq/pq/2016/june2016/louise-o-reilly-pq-17217-16-.pdf


    But the idea that you breeze into the HSE physio clinic and get sorted straight away isn't the common experience for many people.


  • Registered Users Posts: 1,494 ✭✭✭PCeeeee


    And indeed, you're entitled to your opinion of course, based on 'sweet FA' as you confirmed. Let's contrast that with the opinion of the judge in Court who would have seen a very detailed Statement of Claim showing exactly costs to rectify the harms done.

    The judge did not make an award here. the case was settled. And yes I understand the implication of the settlement. In any event it is the settlement sum that people (including me) are incredulous about. There is no statement of claim that could convince me it's warranted I'm afraid.



    I guess you weren't one of the 491 who was waiting > 12 months simply to be assessed for physio . Or the >3,000 people waiting for assessment for 6-12 months. They're the 2016 figures, so I could have got even worse since then.



    https://www.hse.ie/eng/about/personalpq/pq/2016/june2016/louise-o-reilly-pq-17217-16-.pdf

    It wasn't, all my treatment was back in the noughties.

    But the idea that you breeze into the HSE physio clinic and get sorted straight away isn't the common experience for many people.

    I absolutely never said that. I did not 'breeze' into the clinic, as it goes I was wheeled and I was not 'sorted' straight away. However the treatment I received was excellent and timely and as it happens several leagues above the self funded treatment I received when I paid for the next op myself (as there was a waiting list). I know this doesn't fit the common narrative and that many peoples experiences with the HSE are very different but in this case that was my experience and it was quite positive.

    Anyhow I'm going to leave it there as blathering on about my medical history is very far from Commuting.

    (My apologies by the way, that is a disaster of a formatting job but you get the picture)


  • Registered Users, Registered Users 2 Posts: 4,778 ✭✭✭cython


    Irish Times reporting that the original claim was for 4 million: https://www.irishtimes.com/news/crime-and-law/woman-in-luas-surfing-case-initially-said-claim-worth-4m-1.3672167

    Small excerpt below given the IT paywall.
    The woman who received more than €550,000 last week for injuries she suffered while “Luas surfing” initially claimed her case was worth up to €4 million.

    Lawyers for Rebecca Kelly (20) told Veolia, which operated Dublin’s Luas light rail system at the time, that this claim was based on her injuries, the cost of her medical care and the loss of potential earnings relating to her injuries.


  • Registered Users, Registered Users 2 Posts: 896 ✭✭✭Bray Head


    It would be fascinating if Transdev - which operates tram systems all over Europe - is exposed to this kind of payout for this kind of behaviour in other markets.

    I very much suspect they are not.



    I remember talking to a guy in London years ago who worked in reinsurance. He casually remarked: "You know that company Iarnród Éireann? They do huge business with us."

    Why are Irish people who recklessly endanger their own health treated so specially?


  • Registered Users, Registered Users 2 Posts: 10,785 ✭✭✭✭Jamie2k9


    Another rulings due tomorrow, would think a case of how much rather than dismissal.
    Man rushing to get home for dinner when he lost finger on Luas stop fence

    https://www.irishtimes.com/news/crime-and-law/courts/high-court/man-rushing-to-get-home-for-dinner-when-he-lost-finger-on-luas-stop-fence-1.3707336


  • Registered Users, Registered Users 2 Posts: 21,065 ✭✭✭✭Odyssey 2005


    Jamie2k9 wrote: »

    Just came to post this. Great little country. Can't believe the judge hasn't told him to fûćķ off


  • Registered Users, Registered Users 2 Posts: 10,785 ✭✭✭✭Jamie2k9


    https://www.irishtimes.com/news/crime-and-law/courts/high-court/man-who-lost-finger-climbing-luas-fence-fails-in-court-action-1.3715853
    Man who lost finger climbing Luas fence fails in court action
    Costs of the three day action were also awarded to the Luas operators against Mr Kelly, but the judge said he hoped they would not seek to pursue Mr Kelly for the legal costs bill.


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