Giving the finger to insurance companies

frash · 22-11-2018 10:36AM #1

https://www.irishtimes.com/news/crime-and-law/courts/high-court/man-who-lost-finger-climbing-fence-at-luas-stop-seeks-damages-1.3705986

A man who lost a finger when he tried to climb a fence after seeing a tram at the Dundrum Luas station platform has sued for damages in the High Court.

He said he walked on and he saw a “goat path” and climbed over one fence and thought there would be a gate at the top of the embankment.

As he went over the second fence which was about four foot high, he said: “I felt a tug, I lost all the meat off my finger.’

“None of this would have happened if I had seen the main entrance,” he said.

He can't win!
Can he?
He probably will.

TheValeyard · 22-11-2018 10:43AM

He does not deserve fingers.

SmartinMartin · 22-11-2018 10:47AM

No, they'll nail him.

Deebles McBeebles · 22-11-2018 10:47AM

Reminds me of my favourite show, Can't Use Walkway, We'll Take it Away.

deandean · 22-11-2018 10:48AM

Court is a lottery!
Reminds me of this case, there the award was overturned on appeal.

https://www.independent.ie/irish-news/courts/judge-overturns-75k-award-to-woman-who-slipped-on-grassy-slope-outside-dublin-shopping-centre-36308484.html

pxdf9i5cmoavkz · 22-11-2018 11:01AM

I really need to get in on this but not in a way that causes permanent damage to myself. The best thing is that I won't have to take responsibility for my own actions! God bless Ireland.

Based on memory there has been:

Award for slipping on a chip.
Award for slipping on a council house patio.
Award for reaching down into a chest freezer.
Award because someones child hit your child.
Award for looking suspicious.

Signore Fancy Pants · 22-11-2018 11:01AM

No such thing as personal reaponsibility anymore.

-"I made a decision which resulted in an owie, money now, diddy Mao, money now!".

Its always someone elses fault for ones own stupidity.

Signore Fancy Pants · 22-11-2018 11:03AM

Zoey Old Watch wrote: »

I really need to get in on this but not in a way that causes permanent damage to myself. The best thing is that I won't have to take responsibility for my own actions! God bless Ireland.

Based on memory there has been:
Award for slipping on a chip.

Award for slipping on a council house patio.

Award for reaching down into a chest freezer.

Award because someones child hit your child.

Award for looking suspicious.

Didnt some precious moon pig tip her knee off a table leg while being seated and claimed?

Bob Harris · 22-11-2018 11:04AM

The only finger he deserves is this one up his hole.

seamus · 22-11-2018 11:09AM

If there had been damage to the fence, a sharp edge that sliced him open or any indication that people were supposed to climb the fence to gain access, then he might have a case.

Degloving is a well-documented risk of climbing things while wearing rings. He took this risk, the operator didn't fail in any duty of care.

Of course, amputation being a serious injury and Transdev being a big company with insurance, I can see the judge awarding partial liability because the "entrance wasn't sufficiently signposted" or similar nonsense.

Baybay · 22-11-2018 11:12AM

Murray TheDemonic TalkingSkull wrote: »

He does not deserve fingers.

So like my mother! This really made me laugh, thank you!

twinytwo · 22-11-2018 11:28AM

seamus wrote: »

If there had been damage to the fence, a sharp edge that sliced him open or any indication that people were supposed to climb the fence to gain access, then he might have a case.

Degloving is a well-documented risk of climbing things while wearing rings. He took this risk, the operator didn't fail in any duty of care.

Of course, amputation being a serious injury and Transdev being a big company with insurance, I can see the judge awarding partial liability because the "entrance wasn't sufficiently signposted" or similar nonsense.

Be some load of bollox if that is the case... how the hell can anyone be so thick to not be able to find the entrance so they feel they would need to climb a fence to get in.

Gravelly · 22-11-2018 11:31AM

frash wrote: »

https://www.irishtimes.com/news/crime-and-law/courts/high-court/man-who-lost-finger-climbing-fence-at-luas-stop-seeks-damages-1.3705986

A man who lost a finger when he tried to climb a fence after seeing a tram at the Dundrum Luas station platform has sued for damages in the High Court.

He said he walked on and he saw a “goat path” and climbed over one fence and thought there would be a gate at the top of the embankment.

As he went over the second fence which was about four foot high, he said: “I felt a tug, I lost all the meat off my finger.’

“None of this would have happened if I had seen the main entrance,” he said.

He can't win!
Can he?
He probably will.

There are goat paths in Dundrum now?

If this muppet wins there'll be a queue of similar types pawing at fences all over the country next week.

seamus · 22-11-2018 11:34AM

If you read between the lines, what happened is that he thought the entrance to the stop would be under the bridge at Dundrum (which is not an unreasonable guess, tbf).

He got there, realised it wasn't, but a Luas pulled into the station, so he ran up and tried to jump the fence to catch the tram.

His assertion is that, "If the signage for the stop was clearer, this wouldn't have happened", rather than, "If I had just waited for the next tram, this wouldn't have happened".

I expect some ambulance-chaser managed to get into his head about how this wasn't cause by his own stupidity.

I'll agree with him that if you've never gotten the green line at Dundrum, it's very unclear how to get to the station. But it's very clear that you don't get in by jumping the fence.

BeerWolf · 22-11-2018 12:41PM

Lost the "meat on his finger"...

Suddenly feeling peckish for some finger food.

DirtyBollox · 22-11-2018 12:47PM

He probably will get compensation. No worse than the **** who got the half mil for knowingly participating in tram surfing, falling off and admitting she was in the wrong.

Paddy Cow · 22-11-2018 12:47PM

Zoey Old Watch wrote: »

I really need to get in on this but not in a way that causes permanent damage to myself. The best thing is that I won't have to take responsibility for my own actions! God bless Ireland.

Based on memory there has been:
Award for slipping on a chip.

Award for slipping on a council house patio.

Award for reaching down into a chest freezer.

Award because someones child hit your child.

Award for looking suspicious.

You forgot the two most recent farces:

€5,000 for defamation when barman said a tenner was fake
€550,000 to woman injured when she chose to go tram surfing

Deebles McBeebles · 22-11-2018 04:14PM

Here's an interesting one
https://www.independent.ie/irish-news/courts/tourists-awarded-30000-after-taxi-was-rearended-and-motorist-fled-37553887.html

homosapien91 · 22-11-2018 04:21PM

https://www.independent.ie/irish-news/courts/woman-who-slipped-on-rose-petals-settles-case-37386912.html

brevity · 22-11-2018 04:22PM

This little piggy went to the market.

pxdf9i5cmoavkz · 23-11-2018 10:22AM

seamus wrote: »

If you read between the lines, what happened is that he thought the entrance to the stop would be under the bridge at Dundrum (which is not an unreasonable guess, tbf).

He got there, realised it wasn't, but a Luas pulled into the station, so he ran up and tried to jump the fence to catch the tram.

His assertion is that, "If the signage for the stop was clearer, this wouldn't have happened", rather than, "If I had just waited for the next tram, this wouldn't have happened".

I expect some ambulance-chaser managed to get into his head about how this wasn't cause by his own stupidity.

I'll agree with him that if you've never gotten the green line at Dundrum, it's very unclear how to get to the station. But it's very clear that you don't get in by jumping the fence.

You should get into compensation law (I'll be your first client) as you have a real knack for always finding a way to justify actions by putting the blame on other parties.

Put a gun to your head and pulled the trigger but nothing happened? It's the manufacturers fault and you must claim for emotional distress.

Drinking and driving and then crashed into a tree? It's the states fault for not removing the tree.

Burgled a home and got caught? It's the owners fault for not installing a visible alarm system.

https://en.m.wikiquote.org/wiki/Personal_responsibility

Wheety · 23-11-2018 10:49AM

Judge: "While there has to be some personal responsibility, the operators did did not have security personnel standing at the gate to warn people of the dangers of climbing it.

I am awarding €60,000.

Lunch?"

suicide_circus · 23-11-2018 10:58AM

it's like the auld one who got 40k because she fell down an escalator in Dublin airport because there wasn't sufficient signage to tell her where the lifts were. This despite not attempting to ask any nearby staff and being seen on cctv walking onto the escalator without hesitation and not holding the hand rail. The judgement was later overturned so sense prevailed.

Wheety · 23-11-2018 11:03AM

suicide_circus wrote: »

it's like the auld one who got 40k because she fell down an escalator in Dublin airport because there wasn't sufficient signage to tell her where the lifts were. This despite not attempting to ask any nearby staff and being seen on cctv walking onto the escalator without hesitation and not holding the hand rail. The judgement was later overturned so sense prevailed.

I'd like more companies to appeal. Some of the payouts are ridiculous.

seamus · 23-11-2018 11:08AM

Zoey Old Watch wrote: »

You should get into compensation law (I'll be your first client) as you have a real knack for always finding a way to justify actions by putting the blame on other parties.

How did you get that from my post?

Gravelly · 23-11-2018 11:09AM

There should be a sanity check run by non-lawyers before these cases get to court. Have a panel of ordinary working people, like a jury, decide whether a claim has merit or not. I'd imagine it would free up a lot of court time, lower insurance costs, and stop scammers getting rich by playing on the greed of lawyers and the idiocy of judges.

King of Kings · 23-11-2018 11:33AM

seamus wrote: »

How did you get that from my post?

its pretty much all your posts.

ok not all of them. but his impression of your posts is bang on with mine.

im not attacking you , your posts can be interesting but you've a knack for delivering a minority position on a very regular basis or that is my general impression.

seamus · 23-11-2018 11:38AM

That's true, I would generally assume that everyone is a rational actor (which itself is probably a mistake), and thus seek to try and see things from everyone's point of view. Rather than taking a polarised view and assuming one side is acting with malice.

I find it odd though to be accused of "blaming someone else" in response to a post where I quite clearly didn't.

corner of hells · 23-11-2018 12:08PM

I'm in the process of making a claim at the moment for repetitive injury to hand , I'm presently sueing Pornhub , after that I'll be sueing Boards for sore fingers from scrolling through AH.

BattleCorp · 23-11-2018 01:34PM

Wheety wrote: »

I'd like more companies to appeal. Some of the payouts are ridiculous.

Sometimes when you win in court, you actually lose.

Example.

Scumbag X claims he is injured as a result of your actions/inactions and launches legal proceedings. You have to defend these proceedings. That costs money. There will be expensive medicals, engineering reports etc. And then there's the legal fees.

It's possible that it could cost you €100k to fully defend a case. Now supposing you win and get your costs awarded. What good is that if Scumbag X has no money. He can't pay your costs and even though the court says that you are not to blame, you are down €100k.

And that's not taking into account the risk that Scumbag X might win. And if he wins, you have to pay compensation plus his costs €100k and your own costs of €100k. That's a mighty big gamble to take.

Obviously I'm guessing legal costs here but I'm not too far off the mark for some of the bigger cases.

Trigger Happy · 23-11-2018 01:36PM

BattleCorp wrote: »

Sometimes when you win in court, you actually lose.

Example.

Scumbag X claims he is injured as a result of your actions/inactions and launches legal proceedings. You have to defend these proceedings. That costs money. There will be expensive medicals, engineering reports etc. And then there's the legal fees.

It's possible that it could cost you €100k to fully defend a case. Now supposing you win and get your costs awarded. What good is that if Scumbag X has no money. He can't pay your costs and even though the court says that you are not to blame, you are down €100k.

And that's not taking into account the risk that Scumbag X might win. And if he wins, you have to pay compensation plus his costs €100k and your own costs of €100k. That's a mighty big gamble to take.

Obviously I'm guessing legal costs here but I'm not too far off the mark for some of the bigger cases.

It's a good point.
What about his own solicitor. Are those 'no win no fee' arrangements still around?

Giving the finger to insurance companies

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