# accident in a public place



## bond-007 (17 Oct 2005)

Would a hypothecial person have a case against a county council if they slipped and fell on a wet pavement/kerb resulting in a copound fracture of the ankle? Do any of these cases suceed?


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## ClubMan (17 Oct 2005)

I think only real people can take compensation claims but I could be wrong.


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## Vanilla (17 Oct 2005)

> I think only real people can take compensation claims but I could be wrong


 This wins my vote for riposte of the year on AAM!


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## RainyDay (17 Oct 2005)

I can't see how the council could be considered negligent if the cause is 'rain'.


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## Johno (17 Oct 2005)

How would the council be responsible for a wet pavement/kerb? They would be negligent how? By not roofing the country!!Johno


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## bond-007 (17 Oct 2005)

poor quality pavement, abnormally high kerb, poor public lighting?

BTW said person is my mother.


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## Vanilla (17 Oct 2005)

> poor quality pavement, abnormally high kerb


 
If an engineer agrees, theres a possible case.



> poor public lighting


 
As I'm sure your friends in the Four Courts would tell you, there is no automatic right to light in this country.


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## Eurofan (17 Oct 2005)

I had to take a deep breath before replying to this one 

Why can't this just be filed under 'LIFE' rather than instantly seeking someone to blame/get compensation from. My sympathy is genuinely with your mother I'm sure it must have been very painful and upsetting but i detest the direction that Irish Society is going under these situations (i.e. "Right then, who's going to *pay* me for this one?")

No offence intended and getting down from my soapbox now so fire away....


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## bond-007 (18 Oct 2005)

..........................................


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## 90210 (19 Oct 2005)

Please correct me but from memory, you can only claim against the council if you have incurred this injury on a stretch of pavement, which is undergoing repair or which has been repaired but left in a poor and dangerous state, the repairer and the council would be liable. As far as I know wear and tear damage does not count as the individual or object, which caused the wear and tear, is untraceable for obvious reasons.



But to be honest it thinks it is downright shameful to come on to AAM, after your Mother slipped on a pavement after a downpour of rain. Your mother has an obligation to look after herself and take necessary precautions, even while conducting such dangerous practices as walking on the street. Otherwords she needs to look were she is going as she is responsible for her own safety.

If your Mother slipped on your kitchen floor after coming in and out of the rain and decided to sue you for injury, I think you may have a different slant on it. If this went to Court, but I would be surprised if it even made it into the list, it would set such a laughable precedent.



No one is to blame here apart from your Mother, however people these days feel that it is always someone else fault and inturn try to make an opportunity to make money.



What next, "the sun did not come out today in Dublin, so I am going to sue the Council, as I feel depressed that I have been deprived of natural sunlight and its their fault..... Boo Hoo  !!


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## NiallA (30 Nov 2005)

90210 said:
			
		

> If this went to Court, but I would be surprised if it even made it into the list, it would set such a laughable precedent.


 
Cases like this go to court every day of the week.

Not a solr; but here is what i think.

The issue for your mother Bond-007 is whether the council were negligent. (ie someone did something wrong which contributed to your mother falling) This would generally have to be mal-feasance, ie doing something wrong, eg path built poorly, repaired incorrectly, etc. 
I don't think there would be a case in Non-feasance cases. This is were eg a path is constructed properly, but some other action has occurred to make i dangerous, which the council wouldn't have contributed to. (rain in your case, bulb in public light blowing, vandalism).

In any event, if a case is sucessful, damages can be reduced if your mother was considered to have contributed to the accident, through carelessness, alcohol consumption etc.

Hope this helps


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## ophelia (30 Nov 2005)

Ireland has become a mad place for sueing.  Its time we all realised that in the long run we are all paying for this madness through our insurance premiums.


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## Molly (30 Nov 2005)

> What next, "the sun did not come out today in Dublin, so I am going to sue the Council, as I feel depressed that I have been deprived of natural sunlight and its their fault..... Boo Hoo !!


 
Heard on radio this morning A guy in Donegal is considering suing Met Eireann  for predicting adverse weather conditions last week which resulted in cancellations in Hotels.  ............ Pathetic....


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## JaneyL (30 Nov 2005)

Have been away from Ireland for a while. I'd forgotten that the whole compo culture is still festering away. Very distasteful really. 

People slip on pavements every day - *the moral of the story is to watch your step. *

Why should the hard pressed taxpayers pay out compo for something like that ?


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## CCOVICH (30 Nov 2005)

Just like the moral of the story is "*don't get pregnant unless you want the kid*", eh JaneyL???


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## Aimee (1 Dec 2005)

Guys, things are not as black and white as you would like to think.

Yes it is up to this lady to take care of herself while out walking, but likewise County Councils get fine monies for the up keep of footpaths, roads etc etc!  Now they have a role to play in all this, like it or not!  If a person then hurts themselves and are at a loss through the fault of a county council, then pray tell why are they not entitled to claim compensation.  The Councils have an obligation!

Also think about what a fall/break/injury can cause for a person further on in their lives, and a couple of bob compensation which may have been received would not be much good then!   Councils need to get with it, all I ever see them doing is leaning on shovels!  BOYS - YOU ARE PAID TO DO A JOB!


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## Carpenter (1 Dec 2005)

I slipped on a footpath in my housing estate earlier in the week, on my way to work.  The path is on a gradient, north facing and a little slippery in dry weather due to algae growth.  In wet or frosty weather it's treacherous- thus my fall.  I hurt my pride more than anything, no damage done and I won't be suing.  I also acknowledge that I knew the path could be slippery and the footwear I was wearing don't give the best grip- I should have known better and forseen a risk.  It never occured to me that anyone other than myself was at fault (not enough of a tactile surface on the path-builder's fault surely?) As has been said on AAM before "chalk it up to experience and move on"  do you want to be right or do you want to be happy?


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## Aimee (1 Dec 2005)

Yes Carpenter!  But before taking a case like this to Court an engineer will attend on site and survey the area, he will take into account the type of shoes worn by the injured party, he will take into account weather conditions etc etc.  His report is viewed by solicitors and in some cases sent to counsel (as in legal - barristers) and it is decided whether the client has a strong case!   So a person is entitled to have it looked into if they wish.  

I understand there are ridiculous cases out there today and people grabbing money for nothing, but lets stop and think about the genuine cases too.


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## Swallows (1 Dec 2005)

They are suing for this kind of thing every day of the week in England ( especially in London) the roads and pavements are always being dug up for one thing or another. Loose pavements are a hazard to the blind, elderly etc. Councils settle out of court.

With all the building work going on here sometimes builders are negligent and dont pay any heed to the Health and Safety regulations. I have seen it myself where building sites, especially in country areas, are not fenced off from the public and anyone can wander onto half built houses with building materials left lying around. A great place for children to play!

The moral of the story is,  look out for yourself,  but if you get injured due to someone else's negligence then by all means sue.


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## ribena (1 Dec 2005)

I've been taking a breather here watching this thread with interest.  Thank you Aimee for sticking up for us who have been injured.  I'm in the same boat as 007's mother and I'm sure I'm not his mother!  I too fell off a footpath 9 weeks ago and I'm still in pain.  It was a wet day, had been raining maybe an hour before my fall.  It was during the day and I had no alcohol taken nor was I rushing or walking with paying attention.  There was a small chip on the edge of the paving slap and water had gathered in a well in or around the area and as a result the edge of the footpath was greasy.  

I suffered a severe sprain and to date have spent €360 on physio (€45 a session) and ongoing, €30 on Difene, €28 on homeopathic remedies, €25 on anti-inflammatory creams, €55 on the initial hospital visit, €45 on GP, €15 to GP for repeat prescription, €20 on a heat pad and the list goes on.  I had to take 2 weeks off work in total because I couldn't move my ankle.  When I went back to work, I had to get lifts as I couldn't drive and I work 25 miles away from my home.  I had to attend the hospital on 3 occasions and got referred to another hospital on two other occasions getting lifts each time.  I also travel a 24 mile round trip to physio twice a week.

It is something that I'm 'chalking up' but I have been seriously inconvenienced and have genuinely been in dreadful pain.  I do believe that the County Council have a duty to maintain the roads and footpaths and that they should be safe for young and old to walk on.  I have no intention of putting in a claim but I am seriously thinking of sending a note to the County Council in question to inform them of my experience.  I work in an office that deals in personal accident claims and couldn't begin to tell you how many people have fallen on this street.  I can't understand why the Council won't wake up and do something about it.


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## CCOVICH (1 Dec 2005)

Swallows said:
			
		

> The moral of the story is, look out for yourself, but if you get injured due to someone else's negligence then by all means sue.



Amen to that.  They are exactly my feelings as well.


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