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Tagged: Negligence

The Madoff Mess

Financial management is, reputedly, a highly regulated field. Whether that is so in Ireland is already in doubt. The Madoff Mess may show the truth of the situation. That aside, Ireland’s financial regulatory laws make provision for claims in civil law for breaches of certain duties imposed by statute. The facts of each case will determine if these are available to investors to recover their losses.

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Cerebral Palsy claims * : The Statute of Limitations for injuries at birth

egg timer image to illustrate article on Cerebral palsy claims statute of limitations

Time only runs against a plaintiff who knows he/she has been injured (or could reasonably ascertain he/she has been injured) AND knows who or what has injured him/her (or could reasonably ascertain who or what has injured him/her).

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What happened?

With regard to the tort of negligence, road traffic accidents are exceptional. They are exceptional because they conceal the fact that, often, the factual cause of an event is not discovered.

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Personal Injury: Case History – Downes v G. O’Doherty & Sons Ltd.

While the Plaintiff was employed by the Defendant as a labourer, he lifted a bundle of timber onto his shoulder and suffered severe pain in his lower back. He was taken, in pain, to hospital where he remained for two weeks. He was diagnosed as having a slipped disc and eventually he had an operation which improved matters. He reached a condition in which he was compelled to discontinue working for the Defendant. He was unable to sit in a […]

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Personal Injury: Case History – O’Donovan v John Hornibrook Ltd.

The Plaintiff, aged 42, was a felt roofer working for the Defendant. He was burned near the elbow when some hot bitumen spilled on his arm. He was taken to hospital in severe pain. He was treated but eventually had to re-attend and was admitted for five weeks. The arm took a long time to heal.  

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Personal Injury: Case History – Luttrell v Gouldings Fertilisers (Cork) Ltd.

The Plaintiff was a 57 year old labourer. He was engaged in his employment for the Defendant when he plunged his foot into sulphuric acid. The acid was in a pit. All of the bottom third of his leg went into the acid. He required skin grafts. The site of the graft was left with a scar. It got numb in cold weather and the leg got tired after a day’s work.

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Personal Injury: Case History – Conway v Burlington Industries (Ireland) Ltd.

The Plaintiff was employed in the Defendant’s factory. There was a very large propane gas explosion and the Plaintiff was burned and his back was injured. His lip was perforated and he experienced a great deal of pain. He developed a phobia about fire.

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Personal Injury: Case History – Dunne v Lyons Enterprises Ltd

There were crumbs and flour on the ground. She slipped on this and twisted her back in trying to maintain her balance.

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Civil Liability in Ireland for Death

a right of action continues, on the death of the injured person, in favour of the dependents of the injured/deceased person.

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Personal Injury: Case History – Fagan v Dublin Corporation IEHC

He tripped on linoleum which had been cut by workmen laying underfloor electric cables. They had not taped it back down or re-applied adhesives. The Plaintiff fell, injuring his wrist, knee and back. His back did not fully recover and he was unable to continue as a fireman. The court awarded him IR£75,217.

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