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35000 for falling in your own yard

  • 11-04-2019 07:35AM
    #1
    Closed Accounts Posts: 1,327 ✭✭✭


    A 17-year-old schoolgirl who broke her ankle when she stepped in a pothole while playing in her back yard has been awarded €35,000 damages.


    Judge Groarke, who app­roved the settlement offer of €35,000, heard that Maria suffered from a limp for a short while after her accident but had since made a complete recovery

    https://m.independent.ie/irish-news/courts/girl-awarded-35000-after-breaking-ankle-in-back-yard-of-home-38004031.html


    Are we absolving parents of all responsibility? The parents have a duty of care to supervise their child. Does she need someone from the council to move in and babysit?


«1345

Comments

  • Registered Users, Registered Users 2 Posts: 28,417 ✭✭✭✭vicwatson


    Back Yard? Yard?

    ‘merica


  • Registered Users, Registered Users 2, Paid Member Posts: 15,854 ✭✭✭✭retalivity


    Lovely, just in time to pay for the summer holidays


  • Registered Users, Registered Users 2 Posts: 73,327 ✭✭✭✭colm_mcm


    Council own the back yard and house.
    She was told by Maria's mother, Caroline Collins, that complaints had been made to the council prior to the accident about the unsafe condition of the backyard on the property.
    Lol


  • Registered Users, Registered Users 2 Posts: 3,018 ✭✭✭mikemac2


    The council were aware of the issue before it happened. It makes a big difference


  • Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    Groarkey again, quicker we elect our judges the better.


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  • Registered Users, Registered Users 2 Posts: 5,874 ✭✭✭Edgware


    Ker ching ker ching!
    Benidorm here we come!


  • Registered Users, Registered Users 2 Posts: 3,018 ✭✭✭mikemac2


    17-year-old schoolgirl who broke her ankle when she stepped in a pothole while playing in her back yard has been awarded €35,000 damages.

    the accident happened just over 18 months ago when Maria was 14.

    Now I did ordinary level maths in my leaving but how is that possible :confused:

    Even if she turned 15 the day after and it’s just over 18 months she cannot be 17

    Come on Indo


  • Registered Users, Registered Users 2 Posts: 18,777 ✭✭✭✭namloc1980


    A 17-year-old schoolgirl who broke her ankle when she stepped in a pothole while playing in her back yard has been awarded €35,000 damages.


    Judge Groarke, who app­roved the settlement offer of €35,000, heard that Maria suffered from a limp for a short while after her accident but had since made a complete recovery

    https://m.independent.ie/irish-news/courts/girl-awarded-35000-after-breaking-ankle-in-back-yard-of-home-38004031.html


    Are we absolving parents of all responsibility? The parents have a duty of care to supervise their child. Does she need someone from the council to move in and babysit?

    You kind of left out the bit about the council being the landlord and not fixing the issue after they'd been told about it. Fairly important info to skip over.


  • Registered Users, Registered Users 2 Posts: 5,874 ✭✭✭Edgware


    mikemac2 wrote: »
    The council were aware of the issue before it happened. It makes a big difference

    The parents were aware too. No chance they could have made the child aware and put some protection around the problem area.
    Why bother their arse when "it's the councils job"


  • Closed Accounts Posts: 7,275 ✭✭✭Your Face


    Whatever about the claimants, the Council was informed and were supposed to be responsible for maintenance.
    You have to be pedantic when it comes to H&S these days.


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  • Registered Users, Registered Users 2 Posts: 18,777 ✭✭✭✭namloc1980


    Your Face wrote: »
    Whatever about the claimants, the Council was informed and were supposed to be responsible for maintenance.
    You have to be pedantic when it comes to H&S these days.

    The council are the property owner...are you absolving property owners of responsibility to maintain their property.


  • Closed Accounts Posts: 7,275 ✭✭✭Your Face


    namloc1980 wrote: »
    The council are the property owner...are you absolving property owners of responsibility to maintain their property.

    I think you'll find that's the point I highlighted in my post.


  • Registered Users, Registered Users 2 Posts: 18,777 ✭✭✭✭namloc1980


    Your Face wrote: »
    namloc1980 wrote: »
    The council are the property owner...are you absolving property owners of responsibility to maintain their property.

    I think you'll find that's the point I highlighted in my post.

    Sorry quoted wrong post! 😀


  • Registered Users, Registered Users 2 Posts: 5,953 ✭✭✭enricoh


    judeboy101 wrote: »
    Groarkey again, quicker we elect our judges the better.

    Judge groarke, if i ever have a compo case it better be him on that day! A most generous man!


  • Registered Users, Registered Users 2 Posts: 7,555 ✭✭✭Ave Sodalis


    While my first reaction was disgust, the fact the council were aware of the problem and did nothing about it does change the story. I would ordinarily believe that there should be some responsibility for watching your own feet, I've also seen how the council handle complaints of problems in their housing. A family member had several structural problems in their house, some of them dangerous, and the council completely ignored them. They eventually just got the work done themselves in the end. Maybe this will kick them up the rear to get some of the poorer made houses up to standard.


  • Registered Users, Registered Users 2 Posts: 7,779 ✭✭✭Pinch Flat


    Can’t beat it. House at nominal rent and all the trimmings, plus the odd cash bonus if you have a mishap. Here’s me like a fecking eejit up and early to head to work and pay my mortgage.


  • Closed Accounts Posts: 1,327 ✭✭✭Alrigghtythen


    mikemac2 wrote: »
    The council were aware of the issue before it happened. It makes a big difference

    If the council were aware, so was the mother and daughter


  • Registered Users, Registered Users 2 Posts: 18,777 ✭✭✭✭namloc1980


    Pinch Flat wrote: »
    Can’t beat it. House at nominal rent and all the trimmings, plus the odd cash bonus if you have a mishap. Here’s me like a fecking eejit up and early to head to work and pay my mortgage.

    If you failed to fix an issue with your property after being told about it and someone subsequently hurt themselves because of your negligence, would you take any responsibility?


  • Registered Users, Registered Users 2 Posts: 18,777 ✭✭✭✭namloc1980


    If the council were aware, so was the mother and daughter

    The council are the property owners. They are legally responsible for ensuring it is safe. They were told of the issue and did nothing. Are people completely missing this point or what....


  • Closed Accounts Posts: 8,722 ✭✭✭nice_guy80


    mix up a bit of cement, put into hole
    job done.


    oh wait, a council house?
    so they are not allowed scratch themselves!


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  • Registered Users, Registered Users 2 Posts: 18,777 ✭✭✭✭namloc1980


    nice_guy80 wrote: »
    mix up a bit of cement, put into hole
    job done.


    oh wait, a council house?
    so they are not allowed scratch themselves!

    You actually can't make repairs to a council house as a tenant. You have to inform the council to get these things done.


  • Closed Accounts Posts: 1,327 ✭✭✭Alrigghtythen


    namloc1980 wrote: »
    The council are the property owners. They are legally responsible for ensuring it is safe. They were told of the issue and did nothing. Are people completely missing this point or what....

    The woman is the childs mother. She knew of the issue. She didn't supervise her child, knowing what dangers where in the back yard. Should someone from the council have moved in to babysit her child for her while they were waiting for the work to be done?

    LOL at all the posts blaming the council for not fixing her free house quick enough. The council provided housing for her and her child, something she failed to do. What is her responsibility as a parent? Housing and supervising her child don't seem to be expected of her.


  • Registered Users, Registered Users 2 Posts: 740 ✭✭✭tigerboon


    namloc1980 wrote: »
    If you failed to fix an issue with your property after being told about it and someone subsequently hurt themselves because of your negligence, would you take any responsibility?

    What's wrong with fixing it themselves. Are they really that useless that someone has to do these little things for them. There are a number of pre-mixed products for fixing holes available in any hardware shop for a few quid. Is it not good enough they get a free or very cheap house at the expense of the taxpayer without fleecing them with opportunistic claims like this as well.


  • Registered Users, Registered Users 2 Posts: 7,555 ✭✭✭Ave Sodalis


    Oh great, instead of being about whether or not the claim was justified, this is going to be another bashing thread...


  • Registered Users, Registered Users 2 Posts: 11,810 ✭✭✭✭sbsquarepants


    namloc1980 wrote: »
    The council are the property owners. They are legally responsible for ensuring it is safe. They were told of the issue and did nothing. Are people completely missing this point or what....

    I get the point but FFS - the parents knew the hole was there, they complained about it, but done nothing to help themselves. If that was me and it was putting my kid in danger, I'd fill the damn thing in.

    I'd be a bit more concerned about my childs safety than weaselling out of paying for it.


  • Registered Users, Registered Users 2 Posts: 5,874 ✭✭✭Edgware


    Oh great, instead of being about whether or not the claim was justified, this is going to be another bashing thread...

    It is just another sign of how fed up ordinary hard working people are with all the scampers, dossiers and Scrotes who are leeching the system.
    Casey for Europe.


  • Registered Users, Registered Users 2 Posts: 18,777 ✭✭✭✭namloc1980


    namloc1980 wrote: »
    The council are the property owners. They are legally responsible for ensuring it is safe. They were told of the issue and did nothing. Are people completely missing this point or what....

    I get the point but FFS - the parents knew the hole was there, they complained about it, but done nothing to help themselves. If that was me and it was putting my kid in danger, I'd fill the damn thing in.

    I'd be a bit more concerned about my childs safety than weaselling out of paying for it.

    You'd be in beach of your tenancy by filling it in yourself. What if you made a balls of filing it in? You'd be responsible for any injuries caused.


  • Posts: 2,093 ✭✭✭ [Deleted User]


    TUSLA should be called in and that woman's children taken off of her - she allowed her child to play in a dangerous area by her own admission.


  • Registered Users, Registered Users 2 Posts: 11,810 ✭✭✭✭sbsquarepants


    namloc1980 wrote: »
    You actually can't make repairs to a council house as a tenant. You have to inform the council to get these things done.

    I there some by law which says you also are obliged to leave your kids to take their chances with whatever unfixable danger you've been lumbered with.

    So that's why the call it a forever home - once you get one, you are free of all responsibility forever!


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  • Registered Users, Registered Users 2 Posts: 3,972 ✭✭✭Working class heroes


    Edgware wrote: »
    It is just another sign of how fed up ordinary hard working people are with all the scampers, dossiers and Scrotes who are leeching the system.
    Casey for Europe.

    Ah, true to form....

    Racism is now hiding behind the cloak of Community activism.



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