Tagged: compensation
In support of superstition (pro tem.)
To say something is superstitious is to speak relatively. The concise Oxford dictionary provides an inadequate definition of superstition; “excessively credulous belief in and reverence for supernatural beings: a widely held but unjustified belief in supernatural causation leading to certain consequences of an action or event, of a practice based on such a belief.” Some people think any belief in supernatural beings is credulous; likewise any belief in supernatural causation. Other people disagree and need not cite religious reasons for […]
Medical Negligence and “Doctor X”
In January 2008 we reported the publication of a book by an anonymous Irish doctor, detailing the failings of the Irish hospital system. See a report HERE. The doctor was running a website and was featured speaking on national radio. The website is now not to be found and the book is not readily available. Medical errors happen everywhere; they are not unique to Ireland. In the USA and the UK, the responsible authorities collect statistics to find out why […]
Air Travel Accidents
Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) requires air carriers in the EU to give the following summary of a passenger’s rights on the air ticket. “Air carrier liability for passengers and their baggage This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention. Compensation in the case of death or injury There are no financial limits to the liability for passenger injury or death. […]
Words, words, words
The new Chinese year, just commenced, is the Year of The Horse. We lost a lot when the horse ceased to be a major source of power and transport. Prior to that, practically everybody personally knew the meaning of phrases like; “closing the stable door after the horse has bolted” or “live, horse, and you will have grass”. We even knew what a cock-horse was. This knowledge shielded us from official obfuscation. No bulletin, however mendacious in its departure from […]
The Ambulance Service
Medical negligence is somewhat of a specialist area for lawyers. Not every solicitor will firstly recognise a culpable act of commission or omission by a medical person and secondly will know how to create a case that will win in court. The ambulance service, the humblest element of the health care system is the exception to this. When you call for an ambulance, you need it urgently, usually. The despatcher will, usually, elicit the cause or nature of the emergency […]
Eye-Watering
Who remembers the three Rs? They are (or were) a political idea, or phrase. So, you went to school and, at a minimum, school would teach you “Reading, Riting and Rithmetic”. (School often fails at this), It did not fail this writer. So, here is some of my arithmetic; Irish Water paid €50,000,000 to consultants for, “reports” (I think), in one year. Days in one year = 365. Hours in one day = 24. Total hours in one year, 365 […]
The Depuy hip recall US MDL settlement – FAQs
What is the issue? In August 2010, Depuy, a US conglomerate, owned by Johnson & Johnson “recalled” some of its medical products. The recall included the Depuy ASR XL Acetabular System, a type of artificial human hip. These hips are fitted to consumers in the course of major surgery in hospitals. The recall was of the unused products; the used products were in patients. In fact, many of the hips were failing early and the patients were undergoing early, avoidable, […]
Class Actions
Britain and Ireland share many things, not least the weather. We share an approach to legal proceedings so, possibly, Ireland will follow the UK into a new form of legal proceedings, known as “collective action mechanisms”, “representative court actions“ or “class actions”. The UK experimented with consumer “opt-in” representative court action. That failed; it was used once. Now, the UK is proposing to introduce “opt-out” representative court actions for consumers. If it works for consumers its attractions may spread it […]
Injury claims are a political issue
This website is about the law. That’s why it is also about politics. They go together. The Irish political class has wrecked Ireland economically, but its faults do not finish there. Political careers need money and other supports. A politician can trade public policy for that money and/or support. In other words, a policy can be promoted by people in circumstances where they appear to be independent; they do not appear to have any personal interest in the outcome, but […]
Pyrite: Liability, compensation and time limits for claims
The cost of remediation of buildings damaged by the incorporation of pyrites into them is considerable. This is unavoidable where the construction works have been completed and, typically, the pyrites are in the sub-base of the construction. The pyrites expand in certain circumstances, deforming the floor and walls and other structural elements of the building. The current estimate is for 1,100 private dwellings affected. It has been estimated that each will cost €50,000 to repair. That’s a total of €50 million. […]