35000 for falling in your own yard

Alrigghtythen · 11-04-2019 7:35am #1

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?

vicwatson · 11-04-2019 7:36am

Back Yard? Yard?

‘merica

retalivity · 11-04-2019 7:37am

Lovely, just in time to pay for the summer holidays

colm_mcm · 11-04-2019 7:38am

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

mikemac2 · 11-04-2019 7:39am

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

judeboy101 · 11-04-2019 7:39am

Groarkey again, quicker we elect our judges the better.

Edgware · 11-04-2019 7:43am

Ker ching ker ching!
Benidorm here we come!

mikemac2 · 11-04-2019 7:43am

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

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

Come on Indo

namloc1980 · 11-04-2019 7:44am

Alrigghtythen wrote: »

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.

Edgware · 11-04-2019 7:45am

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"

Your Face · 11-04-2019 7:46am

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.

namloc1980 · 11-04-2019 7:48am

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.

Your Face · 11-04-2019 7:50am

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.

namloc1980 · 11-04-2019 7:51am

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! ðŸ˜€

enricoh · 11-04-2019 7:53am

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!

Ave Sodalis · 11-04-2019 7:54am

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.

Pinch Flat · 11-04-2019 7:56am

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.

Alrigghtythen · 11-04-2019 8:00am

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

namloc1980 · 11-04-2019 8:02am

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?

namloc1980 · 11-04-2019 8:04am

Alrigghtythen wrote: »

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....

nice_guy80 · 11-04-2019 8:04am

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

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

namloc1980 · 11-04-2019 8:06am

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.

Alrigghtythen · 11-04-2019 8:09am

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.

tigerboon · 11-04-2019 8:10am

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.

Ave Sodalis · 11-04-2019 8:13am

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

sbsquarepants · 11-04-2019 8:17am

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.

Edgware · 11-04-2019 8:17am

Ave Sodalis wrote: »

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.

namloc1980 · 11-04-2019 8:20am

sbsquarepants wrote: »

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.

11-04-2019 8:21am

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.

sbsquarepants · 11-04-2019 8:22am

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!

Working class heroes · 11-04-2019 8:24am

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....

sbsquarepants · 11-04-2019 8:28am

namloc1980 wrote: »

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.

Well in that case - assuming I hadn't the wherewithal or the technical competence to fill in a hole. I take the bold step of actually supervising my kids.

Jacinta - see pot hole out the back? Stay away from it will you - NASA are working on a revolutionary technology which we hope may in time be able to fix it.
What's it called ma?
Bag of premix or something along those lines, i don't know honey, best just leave it to the experts.

namloc1980 · 11-04-2019 8:30am

sbsquarepants wrote: »

namloc1980 wrote: »

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.

Well in that case - assuming I hadn't the wherewithal or the technical competence to fill in a hole. I take the bold step of actually supervising my kids.

Jacinta - see pot hole out the back? Stay away from it will you - NASA are working on a revolutionary technology which we hope may in time be able to fix it.
What's it called ma?
Bag of premix or something along those lines, i don't know honey, best just leave it to the experts.

Absolving property owners of all responsibility I see. That'd end well. "Never mind that live wire hanging down there, just keep away from it, it'll be grand".

Samuel Vimes · 11-04-2019 8:30am

judeboy101 wrote: »

Groarkey again, quicker we elect our judges the better.

enricoh wrote: »

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

To be fair all the Judge did was approve the SETTLEMENT OFFER.
In other words liability was accepted , he had no hand act nor part in deciding the case, his sole role was to approve the settlement offer and he cannot order the offer to be lowered.

Plumbthedepths · 11-04-2019 8:32am

Alrigghtythen wrote:

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?

Alrigghtythen wrote:

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.

You can rant and rave all you wish but a landlord whether council or private is responsible for ensuring the property they are renting is in a safe manner. Especially after they had been informed of an issue.

pjohnson · 11-04-2019 8:32am

namloc1980 wrote: »

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.

Its not important. The outrage is important.

PistolsAtDawn · 11-04-2019 8:36am

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.

This is Ireland, only idiots work for a living. Better off letting the taxpayer pay for your lifestyle

pjohnson · 11-04-2019 8:36am

Ave Sodalis wrote: »

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

Are you new to AH :pac:

namloc1980 · 11-04-2019 8:38am

PistolsAtDawn wrote: »

This is Ireland, only idiots work for a living. Better off letting the taxpayer pay for your lifestyle

You know nothing about the individuals involved other than your own prejudices filling in the blanks for you.

Edgware · 11-04-2019 8:38am

pjohnson wrote: »

Its not important. The outrage is important.

It's a disgrace Joe

Edgware · 11-04-2019 8:39am

Samuel Vimes wrote: »

To be fair all the Judge did was approve the SETTLEMENT OFFER.
In other words liability was accepted , he had no hand act nor part in deciding the case, his sole role was to approve the settlement offer and he cannot order the offer to be lowered.

Are you trying to undermine our outrage by quoting facts?

Charles Ingles · 11-04-2019 8:41am

[Deleted User] wrote: »

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.

Good point,
But responsibility only goes one way in this country

pjohnson · 11-04-2019 8:41am

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.

Shuffling Casey outta the way isnt a bad idea it got Hogan away from us.

Ave Sodalis · 11-04-2019 8:42am

pjohnson wrote:

Are you new to AH

No, but given how utterly depressing and repetitive the dole bashing threads are, I was doing my best to avoid them. Some posters do their very best to shoehorn the topic into absolutely any thread they can though.

Odyssey 2005 · 11-04-2019 8:42am

They're fond of claiming in that place. A kid claimed and was paid substantial monies for falling off a rock in that place a few years ago.

pjohnson · 11-04-2019 8:44am

Ave Sodalis wrote: »

No, but given how utterly depressing and repetitive the dole bashing threads are, I was doing my best to avoid them. Some posters do their very best to shoehorn the topic into absolutely any thread they can though.

The topic of a thread is meaningless. If the threads seems popular its gunna be either "immigration" or "scroungers". Its all some can talk about.

jester77 · 11-04-2019 8:45am

Bloody joke. If it was that big of a liability then surely the renters should have some modicum of intelligence to avoid the area. The child was 14, not 4. Not too hard to tell them to stay clear.

And here's an idea, why not fix it themselves and show a bit of respect for their home instead of waiting for everyone to do things for them.

kildare lad · 11-04-2019 8:45am

You can buy a bag of mixed sand and cement in a hardware store for about 4 euro. Mix and a bit of water and fill the hole . I know they complained to the council about it, but how about getting off your arse and fixing it yourself . It's not like you'd have to be a builder to fill a bit of a hole

namloc1980 · 11-04-2019 8:45am

Ave Sodalis wrote: »

pjohnson wrote:

Are you new to AH

No, but given how utterly depressing and repetitive the dole bashing threads are, I was doing my best to avoid them. Some posters do their very best to shoehorn the topic into absolutely any thread they can though.

Rarely see a pensions bashing thread even though multiples more is spent on OAP than dole, children's allowance and any other social support you can think of.

Charles Ingles · 11-04-2019 8:46am

kildare lad wrote: »

You can buy a bag of mixed sand and cement in a hardware store for about 4 euro. Mix and a bit of water and fill the hole . I know they complained to the council about it, but how about getting off your arse and fixing it yourself . It's not like you'd have to be a builder to fill a bit of a hole

Ethnic cousins only take no action whatsoever

namloc1980 · 11-04-2019 8:46am

kildare lad wrote: »

You can buy a bag of mixed sand and cement in a hardware store for about 4 euro. Mix and a bit of water and fill the hole . I know they complained to the council about it, but how about getting off your arse and fixing it yourself . It's not like you'd have to be a builder to fill a bit of a hole

Legally you'd be in breach of the tenancy agreement. Are you suggesting tenants should breach their tenancy terms and conditions?

35000 for falling in your own yard

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