All Posts in Category: Restaurant Compensation Claims

National Museum Fall Results in €67,000 Compensation Award for Tourist

A personal injury award of almost €67,000 has been approved at the High Court in favour of an Australian tourist who injured his leg when he slipped and rolled down stone stairs at the National Museum of Ireland.

Presiding Judge Justice Bronagh O’Hanlon said the Dublin museum’s Portland stone steps had been shiny and slippery when the tourist, Warren Baldwin (70), from Revesby, New South Wales, ruptured a leg tendon in the accident. Mr Baldwin suffered significant trauma, inconvenience and expense due to the accident that occurred on June 5, 2016, on the second day of Mr Baldwin’s trip to Ireland with his wife. He fell on the third step from the bottom of the staircase he was descending in the museum.

Justice O’Hanlon ruled that the accident was caused due to negligence in not have a railing in place for a person to hold onto the entire way down the seven-step staircase. The steps date to 1890, when the museum, located in Kildare Street building was built.

The Judge ruled that, had there been an adequate and safe handrail on the steps at the time the accident occurred, Mr Baldwin would not have sustained the injuries. She accepted the contention that because the railing stopped before the end of the staircase there was a tendency for people to move towards the centre portion. The wrought-iron bannister currently in place is topped by a wooden rail terminates at the third-last step where it joins a stone balustrade.

Legal Counsel for the National Museum of Ireland argued that the stairs did not have any defects at the time of the accident and that there was one handrail in place for people to hold onto. In addition to his they informed the judge that, out more than 470,000 people visiting the museum during 2016, Mr Baldwin was the only person who fell on the stairs.

Justice O’Hanlon awarded Mr Baldwin €66,989 as, she said, the museum failed in its duty to take reasonable care to ensure his safety.

 

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Restaurant Working Injury Settlement for Student Employed by Chinese Restaurant

A restaurant work injury compensation settlement has been agreed between a student, who was burned by hot oil and the Chinese takeaway he was employed at.

The work injury compensation case, which was being heard at the High Court, was told that the young man suffered burns when he unknowingly sat on a bucket of freshly discarded hot oil.

The High Court was told that the young man, Umesh Maharjan, was working to finance his studies in Fine Arts when he suffered the devastating injuries as the oil fell on his back and arm. Umesh experienced significant pain and sustained “grossly disfiguring” scars and wounds.

A native of Kathmandu, Nepal, Mr Maharjan was working at the Rathnew Chinese Takeaway in County Wicklow in order to support his time in University. Mr Maharjan (29), who lives at Dock Road, Limerick, submitted his restaurant employee injury compensation action against Rathnew Restaurant and Takeaway Ltd as a result of the accident in which he was burned with hot oil on August 21, 2015.

Senior Counsel Declan Doyle, legal representative for Mr Maharjan, told the High Court that he was taking a break at the back of the takeaway in an area where plastic buckets were kept for storage. A different member of the restaurant staff had placed a bucket of hot cooking oil from a deep-fat fryer there, unbeknownst to Mr Maharjan, and he sat on top of upon it. When he did so the lid shifted and he (Mr Maharajan) fell backwards and the oil fell all over his back and left arm.

Due to the accident Mr Maharjan suffered significant injuries and burns that will stay with him for the rest of his life. His colleagues came to help him when the accident occurred and used water to cool the areas of his body that were burned before taking him to hospital.

Justice Michael Hanna was told by legal representatives that the issue of liability had been withdrawn and the case was before the court for assessment of damages. Mr Doyle SC told that Justice Hanna that the case had been settled and could be dismissed.

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€105,000 Workplace Accident Compensation Award for Former Supermarket Worker Following Cold Room Injury

€105,000 Workplace Accident Compensation Award for Former Supermarket Worker Following Cold Room Injury

The Court of Appeal (CoA) has upheld a €105,000 workplace accident award for a former part-time supermarket employee who suffered an injury when she fell while driving a pallet truck holding stock.

Pamela Phoenix, a 37-year-old female now living in Canada, and formerly of McDonnell Drive, Athy, Co Kildare, took the legal accident against Dunnes Stores in relation to the accident that occurred on September 18, 2006. Ms Phoenix was attempting to move the pallet truck backwards in a cold room when she slipped and fell heavily on her bottom and back.

Ms Phoenix was awarded her €105,929 workplace accident compensation in the High Court in 2016 after that court accepted that she suffered chronic back pain and depressive symptomatology due to the accident. By October 2007 she had gained a considerable amount of weight. The judge stated that he felt she was a credible witness who did not exaggerate the extent of her injuries.

The workplace compensation award was appealed by Dunnes. They argued that the cold room accident compensation award was excessive and disproportionate.

Mr Justice Gerard Hogan, speaking on behalf of the three-judge Court of Appeal, upheld the workplace compensation award saying while it was probably in the upper range of what is appropriate, given the role of an appeallate court in other case law, the Court of Appeal cannot take any action.

Following the accident Ms Phoenix was rushed by ambulance to St Lukes’ hospital in Kilkenny. Her X-rays came back clear and she was discharged with some pain-killing medication. In the days following the accident she had to use crutches to get around.

She had difficulty re-assuming the same workload that she had managed before the accident and changed jobs to a role with Elverys. In 2007, still suffering from a considerable amount of back pain, she lost that role. She also has difficulty in continuing her studies at Maynooth University and became very psychologically vulnerable, eventually suffering from depressions when she became pregnant and suffered a miscarriage in 2008. She eventually moved to Canada in 2013 where she married and had a baby boy in 2016.

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Salmonella Restaurant Compensation Claims Could Follow Watermelon Scare

People contracting food poisoning from contaminated watermelons could be entitled to make salmonella restaurant compensation claims following the news that the Food Safety Authority of Ireland are investigating four cases of illness which are believed to be attributable to imported fruit from Brazil.

One person is known to have died in England after eating a watermelon slice containing “Salmonella Newport”, with scores more restaurant food poisoning cases being investigated throughout the UK and Germany. Normally, illnesses have commenced within three days of eating a pre-packed slice of watermelon and symptoms of the illness including vomiting, abdominal pains, fever and diarrhoea last for four to seven days.

The advice issued by the Food Safety Authority of Ireland is to thoroughly wash all fruit and vegetables before using them and, should the symptoms of food poisoning commence, seek medical attention immediately. Early quick treatment with antibiotics will reduce the effect of the salmonella food poisoning and ensure a quicker recovery from the illness.

People who are confirmed as suffering from restaurant food poisoning attributable to watermelon slices are urged to get claims advice from a solicitor before making salmonella compensation claims directly to the Injuries Board. Inasmuch as the respondent in your salmonella restaurant compensation claims are likely to be the retail outlet from where the contaminated watermelon was purchased, the Food Safety Authority of Ireland may establish a different negligent party in the course of their investigation.

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