90k for a dislocated thumb!!!

goz83 · 08-02-2016 01:55AM #1

http://www.irishtimes.com/news/crime-and-law/courts/high-court/woman-who-dislocated-thumb-in-pub-fall-awarded-90-000-1.2515485

Seen this a few days ago. How on earth can this be justified? I'm ok with people receiving fair compensation when they've been injured and are at a loss due to anothers carelessness/negligence. But, to receive €90,000 for slipping and falling in a bar is ludicrous, especially when your only injury is a dislocated thumb. If a staff member had purposely thrown a bucket of water at the woman and she fell and broke her arm, I would still think this pay-out was very excessive. I question if the same would have been paid out to a man, who likely wouldn't have been wearing 4 inch heels.

I've seen cases with far worse injuries involved and the compensation has been nowhere near this figure. Loss of earnings where someone has been out of work for a long time is what might raise the stakes, but there was no mention of this in the story.

My old man had a serious injury a few years ago when he fell out of a truck cabin due to a reported defect that hadn't been repaired. He was out of work for over 2 years and required surgery on his spine and hip replacements. His case recently settled after he returned to work and the figure wasn't much higher than the one above.

Anyone care to have a serious guess as to why such a massive figure was paid out for such a minor injury? Pull her finger and it'll cost you dearly.

Zillah · 08-02-2016 01:59AM

"[She has] been left with a diminution in sensation in the tip of the thumb and a reduced pinch grip."

She'll have that problem until the end of her days.

Atlantic Dawn · 08-02-2016 02:06AM

Usually in the compensation claims they mention something of their hobbies or career to make the claim larger like in this case they could have said they played chess or Playstation and needed a good thumb to be the best, lucky they didn't. Other cases with mild scaring people have mentioned modelling careers.

Cee-Jay-Cee · 08-02-2016 02:08AM

Zillah wrote: »

"[She has] been left with a diminution in sensation in the tip of the thumb and a reduced pinch grip."

She'll have that problem until the end of her days.

Doesn't justify the €90k payout. No wonder insurance costs in this country are through the roof when you have retarded judges awarding ridiculous amounts for minor injuries and injuries which are partly the claimants own fault. She was wearing high heeled shoes and had been drinking, that should have reduced the payment by 60% at least!

recylingbin · 08-02-2016 02:08AM

Maybe she was a thimble model and it cost her her career.

XR3i · 08-02-2016 02:40AM

maybe it was her bean-flicking thumb

Capt'n Midnight · 08-02-2016 02:56AM

Pubs and nightclubs should just get themselves car insurance.

https://www.libertyinsurance.ie/assets/Uploads/Private-Motor-Vehicle-Policy-Document.pdf

Personal accident –
comprehensive cover only
We will pay you (the policyholder) or your
legal representative €6,500 if you are
accidentally injured while travelling in or
getting into or out of the vehicle and within
three months this injury alone results in:

a death;
b permanent loss of sight in one or both
eyes; or
c loss of one or more limbs.
The most we will pay in any one period of
insurance is €6,500.
We will not pay this benefit for:
a any injury or death resulting from
suicide or attempted suicide; or
b anyone who is convicted for driving
while under the influence of drink or
drugs at the time of the accident

08-02-2016 03:17AM

Cee-Jay-Cee wrote: »

Doesn't justify the €90k payout. No wonder insurance costs in this country are through the roof when you have retarded judges awarding ridiculous amounts for minor injuries and injuries which are partly the claimants own fault. She was wearing high heeled shoes and had been drinking, that should have reduced the payment by 60% at least!

The thumb is the most important digit, try restricting it and see tge difference it makes to even mundane activities

One eyed Jack · 08-02-2016 03:31AM

goz83 wrote: »

Anyone care to have a serious guess as to why such a massive figure was paid out for such a minor injury?

Because it's not a massive figure to pay out for an injury that could easily have been prevented.

That really felt like this time there was a need to state the obvious.

minidazzler · 08-02-2016 03:35AM

I find the level of payout to be grossly out of proportion. It's a thumb, important yes, but it's now just slightly desensitised. And she is at least partially responsible, having been drinking for 5 hours and wearing 4 inch heels...

One eyed Jack · 08-02-2016 03:41AM

minidazzler wrote: »

I find the level of payout to be grossly out of proportion. It's a thumb, important yes, but it's now just slightly desensitised. And she is at least partially responsible, having been drinking for 5 hours and wearing 4 inch heels...

What else would anyone expect her to be doing or wearing in a bar on a night out?

Wearing waders and drinking water because the bar owner is too careless to make sure the toilets and the floor are dry so that patrons don't slip and injure themselves.

AnonoBoy · 08-02-2016 08:56AM

I thought this was a haggling thread.

Was going to come in way under 90k.

Badly Drunk Boy · 08-02-2016 09:23AM

One eyed Jack wrote: »

Because it's not a massive figure to pay out for an injury that could easily have been prevented.

Yeah, by not wearing 4 inch heels while drinking.

Car99 · 08-02-2016 09:28AM

Alot of drawbacks to not having a fully functioning thumb , you couldn't roll up bogies and flick them for starters. Worth a few g's that in itself.

Wibbs · 08-02-2016 10:13AM

Badly Drunk Boy wrote: »

Yeah, by not wearing 4 inch heels while drinking.

Stop victim blaming you!!. Should she have gotten compensation? Yes. 90 grand? Hell no. That's beyond idiotic.

goz83 · 08-02-2016 10:18AM

One eyed Jack wrote: »

Because it's not a massive figure to pay out for an injury that could easily have been prevented.

That really felt like this time there was a need to state the obvious.

Well, it is compared to many injuries I have heard/read about, one which I mentioned in the OP. I think having a fully functioning back is a bit more important than having a fully functioning thumb.

Plus, less has been paid out for complete loss of digits.

Nono Toure · 08-02-2016 10:18AM

Zillah wrote: »

"[She has] been left with a diminution in sensation in the tip of the thumb and a reduced pinch grip."

She'll have that problem until the end of her days.

Surely the boyfriend/husband should get compo too?

Maybe 45k is for him..

charlietheminxx · 08-02-2016 10:19AM

I fell in a Dublin bar last year on a wet slippery dance floor and dislocated my thumb... I drunkenly popped it back into place and stuck some ice on it. I was embarrassed at making an arse of myself and got the early nitelink home.

Maybe if I was more dramatic I would have a nice down payment on a house now.... That is a ridiculous payout.

Irishcrx · 08-02-2016 10:23AM

charlietheminxx wrote: »

I fell in a Dublin bar last year on a wet slippery dance floor and dislocated my thumb... I drunkenly popped it back into place and stuck some ice on it. I was embarrassed at making an arse of myself and got the early nitelink home.

Maybe if I was more dramatic I would have a nice down payment on a house now.... That is a ridiculous payout.

Yep , you missed a trick. The correct thing to do was scream bloody murder and start hopping up and down on the floor like a fish until the ambulance came..

Canis Lupus · 08-02-2016 10:30AM

charlietheminxx wrote: »

I fell in a Dublin bar last year on a wet slippery dance floor and dislocated my thumb... I drunkenly popped it back into place and stuck some ice on it. I was embarrassed at making an arse of myself and got the early nitelink home.

Maybe if I was more dramatic I would have a nice down payment on a house now.... That is a ridiculous payout.

As a man you'd have been thrown out for trying to start a fight with the floor.

suicide_circus · 08-02-2016 10:59AM

Idiotic judgement which hurts the consumer and society.

charlietheminxx · 08-02-2016 11:00AM

Canis Lupus wrote: »

As a man you'd have been thrown out for trying to start a fight with the floor.

I'm a woman though

goz83 · 08-02-2016 11:03AM

Canis Lupus wrote: »

As a man you'd have been thrown out for trying to start a fight with the floor.

Just on that point (even though it was a bit of a joke)....the compensation for a man would have been absolutely minimal, unless his job/career were something like F1 driver, or thumb wrestler

Plus, a man would have been wearing sensible footwear unless he was a drag queen. Another poster said it...there should have been contributory negligence slapped on that claim. There was suspicion, but no actual evidence of the floor being wet. The plaintiff had been drinking a number of hours and she was wearing high heels.

While I do agree that someone should be compensated for injury/loss when the incident was at least partly the fault of another, I just think the figure was silly high and no responsibility was placed on the plaintiff, despite questionable circumstances. I doubt she had much trouble holding onto that cheque tightly when she received it.

goz83 · 08-02-2016 11:06AM

charlietheminxx wrote: »

I'm a woman though

Quick...statute of limitations is 2 years. "Judge, I have trouble on boards.ie due to the pain and suffering when tapping away at the keyboard". :pac:

Fair play to you though. I doubt most blokes would have the balls to pop their dislocated thumb back into place. Curiously...were you wearing heels?

cowboyBuilder · 08-02-2016 11:39AM

I'd say her thumb is just fine, nice con job she pulled there.

_Brian · 08-02-2016 11:48AM

I can't understand these payments.

I'm in the process of trying to settle a case where I have permanent life changing injuries following a crash. I lost a well paying Job and have had to change line of work with less pay and give up many hobbies.

Everything I've been told is this sort of settlement isn't on the cards even though the other side have admitted liability.

There was a case in the papers last year where a woman washed her kitchen floor, then slipped on the wet floor and injured her knee. She sued the tile company and got €75k.

donegaLroad · 08-02-2016 11:52AM

maybe she was a really good slap-bass player.

conorhal · 08-02-2016 12:13PM

Wibbs wrote: »

Stop victim blaming you!!. Should she have gotten compensation? Yes. 90 grand? Hell no. That's beyond idiotic.

But Wibbs, a solicitor needs to get paid, as well as the junior counsel (who will have done all the work) not to metion the senior counsel who will breeze into court, chat to the defendants Seniour counsel (who's junior will have also done all the work) and though neither have a foggy about the case, there is a tee off time at four so they'll toss around a few numbers and head off for cocktails.
None of that comes cheap you know!

extra gravy · 08-02-2016 12:26PM

“People cannot be expected to look at the floor when walking across a bar. She was entitled to expect that the floor was dry and it was safe for her to walk across it,” the judge said.

So people cannot be expected to look where they're going now. That's good to know.

check_six · 08-02-2016 12:32PM

I presume the bar get to keep the thumb for that price.

Maybe mount it in a display case on the wall?

duffman3833 · 08-02-2016 12:39PM

I doubt she ever worked in retail or anywhere busy like that where there is a good chance of liquid on the floor. Its hard to work and keep an eye on everything else. The staff may have been keeping floor clean, it may have been a recent spill and wasn't noticed. The workers are only human at end of day and since it was a busy night they were flat out. I think she can be entitled to an amount but not that much.

90k for a dislocated thumb!!!

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