Our firm acted for a Longford woman who sustained injuries following her car been rear-ended was recently awarded €30,000 from the Circuit Court. This case was defended by the Defendants. However, following hearing the Plaintiff’s evidence, and legal submissions made by her lawyers, the Court found in favour of the Plaintiff.

The post Longford Plaintiff awarded €30,000.00 for injuries sustained in Road Traffic Accident first appeared on Baxter Mimnagh Solicitors.

We obtained a significant increase on an Injuries Board assessment of a Plaintiff’s claim in the High Court. The Injuries Board had assessed the Plaintiff’s injuries in the sum of €35,000.00. Following our advice, the Plaintiff rejected the assessment and a number of months later obtained a settlement for the sum of €55,000.00.

The post Galway pedestrian settles case for €55,000 arising out of a Road Traffic Accident first appeared on Baxter Mimnagh Solicitors.

At Galway High Court we negotiated a settlement on behalf of a pedestrian who suffered serious injuries when she was knocked down while walking on a local road. The Injuries Board had previously assessed damages for her injuries at €170.000. Following our advice, the Plaintiff rejected the injuries board assessment and the Plaintiff received the correct amount of compensation for the injuries she sustained.

The post Pedestrian receives over €250,000 for road traffic accident in Longford first appeared on Baxter Mimnagh Solicitors.

Our office recently settled a Personal Injuries case for a Plaintiff arising out of a road traffic accident near Athlone, County Westmeath in which the Plaintiff suffered soft tissue injuries. The case proceeded by way of an application to the injuries board. The Injuries Board assessed damages in the sum of €7,000.00. Having taken our advice, the Plaintiff correctly rejected the assessment and proceedings issued. Within months of proceedings issuing, we obtained an excellent settlement in the sum of €15,000.00 damages for the Plaintiff’s injuries.

The post Plaintiff receives over double the Injuries Board assessment in compensation for Road Traffic Accident in Westmeath first appeared on Baxter Mimnagh Solicitors.

On 29th April 2022, Mr Justice Coffey approved a settlement for a 12-year-old girl who only had months to live. The child sued, through her mother, the HSE and Temple Street Hospital. The Court was told by Mr Eugene Gleeson SC, that the girl was initially diagnosed with a cyst in August 2020. As her condition deteriorated, she was diagnosed with a rare condition, Transverse Myelitis. The girl, who was quadriplegic at this stage, and required 24-hour care, was treated for this condition until February 2022. At that point further radiology disclosed that an underlying glioma was the source of the girl’s complaint and the hospitals had failed to diagnose same at an early date.

Unfortunately, a diagnosis of glioma, even made at an early stage, the outcome is dismissal and persons diagnosed with same have a one to 2 years life expectancy. It was argued by the girl’s lawyers, that the girl and her family had been deprived of a better quality of life and time together by failure of the Defendants to make a correct diagnosis of her condition.

The case proceeded to mediation and was settled between the parties. Approving the settlement, Mr Justice Coffey said he understood the fact that the last two years the girl and her family won’t get back. The Judge directed that a portion of the settlement be paid out immediately out of the settlement monies.

This was intense and very time sensitive litigation given the harrowing needs of the girl. The High Court litigation, which involved an extensive number of experts in the UK, was commenced and resolved within a period of eight months.

Ms. Fiona Baxter is head of the Medical Negligence team at Baxter Mimnagh Solicitors, and she led the litigation team in these Proceedings.

The post High Court approves settlement for 12-year-old girl who only has two months to live. first appeared on Baxter Mimnagh Solicitors.

Family settlement action against HSE over alleged negligence causing Mother’s death

The family of a deceased woman in the Midland region settled their medical negligence action against the HSE arising out of the death of their mother from sepsis. It was alleged that the HSE failed in their duty toward the deceased woman who died as a result of sepsis.

The deceased woman was admitted to Our Lady of Lourdes Hospital in Drogheda complaining of back pain. The deceased woman was subsequently diagnosed with septic shock. She was treated in Our Lady of Lourdes Hospital for three months and then transferred to St James’s. unfortunately, her condition deteriorated, and she passed away as a result.

The deceased’s family pursued a fatal injuries claim through their Solicitors Ms. Fiona Baxter. Proceedings were issued I the High Court against the HSE alleging breaches of duty including failing to diagnosed the deceased’s condition in timely fashion and failing to afford her the appropriate care.

This was a complex case, which involved a huge volume of documentation given the deceased woman was hospitalized for in excess of four months. Expert reports were sourced from the UK highlighting alleged breaches of negligence against the HSE. Settlement talks were explored in early course, and Fiona Baxter and her team obtained an extremely favourable settlement for the deceased’s family.

The litigation was complete within a short period and brought significant closure to the family of the deceased.

The post Family settlement action against HSE over alleged negligence causing Mother’s death first appeared on Baxter Mimnagh Solicitors.

The first question you might ask if you have been assaulted at work is; what are my rights?  

In this guide, we will discuss what to do if you are assaulted at work in Ireland as well as your legal rights and options.

How do I know if I have been assaulted at work? 

The term “assault” is a broad one, and covers quite a lot of situations. It can be hard to know exactly what you are experiencing in some cases, especially if it’s been happening for some time. Assault at work can take the form of physical assault; verbal assault; harassment; bullying; discrimination and intimidation. The Health and Safety Authority  HSA defines violence in the workplace as any event  “where people in the course of their employment are aggressively verbally abused, threatened or physically assaulted”. No matter how minor you may think this event is, if you have suffered physical or mental effects from a situation or been subjected to a threatening situation that could have been avoided, you may be entitled to compensation. 

Who is liable for an assault in the workplace? 

Liability for workplace assault is a complicated issue. It’s not always clear who is liable for an assault in the workplace, as there are several parties that could be accountable. Some common examples of those parties include:

• The employer: Your employer may be liable if the assault happened because of the employer’s negligence or failure to properly train employees on safety procedures or policies, or if they failed to follow safety measures. These measures include installing security cameras, providing employees with the appropriate PPE, and implementing policies and procedures to reduce the risk of  exposure  to workplace violence. 
• Other employees: If another employee was negligent in their duties and caused you harm, or if you have been assaulted at work by a colleague then they could potentially be accountable for your assault. 
• Patient/customer/member of the public: Oftentimes, the perpetrator of the assault holds full liability. In the case that your employer failed to protect you against the perpetrator by not following HSA guidelines, then liability might lie with both your employer and the assailant. 
• Third party contractors: If your assailant was hired by a third party contractor working onsite, then both this contractor and whoever hired them could potentially be held accountable.

What to do if I have been assaulted at work?  

The first thing to do is make sure that you are in a safe place. If the perpetrator of the assault has left the scene but could still pose a threat, it may be best to call the police before trying to confront them yourself. If not, contact your employer immediately and ask for help or advice on what action should be taken next. Below are some guidelines on what to after an assault at work, once you are safe: 

• Report the assault to your employer.
• Get medical treatment as soon as possible.
• Report your assault to an Garda Síochána. If you want to press charges for an assault at work, you should report the incident to the authorities as soon as possible.
• Consider legal action. If you decide to take legal action, it’s best if you talk with a personal injury solicitor about it before moving forward—this way, they can advise you on what steps are best for your specific situation and provide guidance. 

You may want to consider reporting the incident  to other organisations too, depending on your situation. These may include: 

• The Health and Safety Authority. They will investigate whether there were any health and safety breaches involved with the assault.
• The Labour Relations Commission. If you are an employee of a large company or organisation in Ireland, they can deal with disputes between employees and employers including claims for unfair dismissal and discrimination.
• The Equality Authority. if your employer is large enough – 250 employees or more – they have an obligation under equality law not only not discriminate but also eliminate discrimination against people who work for them; so if this applies then reporting an assault could result in action being taken by this body against your employer.

Am I entitled to compensation after an incident of assault in the workplace? 

If you fall victim to an assault at work, there are a wide range of situations that could entitle you to compensation. Common reasons for employees being compensated include: 

• Lost wages- If you require time off work to physically or mentally recover from an assault, you may receive redress for the losses incurred. Also in the case that you’re assaulted at work and fired, you could be entitled to compensation for lost wages, other expenses related to your injury, and for punitive damage from your employer. 
• Medical costs- You may be compensated for any bills associated with an injury incurred from being assaulted at work. 
• Pain and suffering- Recovering from a violent attack or case of harassment can be physically and mentally damaging. Depending on the extremity of the event and the injuries incurred, you might be eligible for compensation on the basis of pain and suffering. 

Find Personal Injury Lawyers in Ireland 

If you have been threatened or assaulted at work, Baxter Mimnagh personal injury lawyers can help. Contact us today for confidential and understanding support and guidance with your case. 

Accidents at work

If you require any more information concerning accidents at work, read more here.

The post Exposure to violent attacks by customers or patients first appeared on Baxter Mimnagh Solicitors.

Year on year, thousands of collisions take place on our roads, causing personal injuries, vehicle damage and in some cases, death.

Considering the numbers of accidents that occur, it’s no surprise that road traffic personal injury claims are the most common type of injury claim in Ireland.

Being involved in a road traffic accident, even if it’s a minor one, is a traumatic experience and as such it’s important to have access to the relevant information and advice you need to make sure you’re making good decisions in the aftermath.

In this article we’ll take a look at some key considerations relating to road safety practices and compensation claims, as well as providing you with a sound protocol to follow if you are ever involved in a road traffic collision yourself.

When to Make a Claim

The usual basis for a personal injury compensation claim is that there is somebody who displayed negligence. If you’ve been involved in an incident with another person, and you believe them to be at fault, you are obliged to notify this person in writing within one month of the accident.

Once you have done this, you must then lodge a claim with the Personal Injuries Assessment Board within two years of the incident that caused your injury.

Relevant Information for Claiming Compensation

To ensure that your solicitor has everything they need to bring your claim before the PIAB, you will need to gather some important details for their records. If you have any of the following information, make sure to provide your solicitor with it:

• The date when the accident occurred
• The location where the accident took place
• Personal details of the other driver or drivers involved (name, address, phone number, vehicle registration number and insurance information)
• Details of any member of the emergency services who attended the scene
• A photo of the accident site
• A medical report from the hospital or doctor who attended to your injuries
• CCTV footage of the crash

Call for Help

It goes without saying that if you or somebody else is injured at the scene of the accident, you will need to call the ambulance services, as well as the Gardaí (dial 999 or 112). If the accident was a minor one and there are no road traffic injuries or people requiring medical attention, call the nearest Garda station.

Collect Information

It’s up to you to gather the necessary information from the collision site, in case the question of liability arises down the line.

The first information to collect is the name, address and telephone number of the other driver or drivers involved in the collision. If there are any witnesses present at the scene, make sure to take the same detail from them, as they may play a role at a later date in determining who was at fault.

Next, take a photo of the scene of the accident. Go round the vehicles involved in the collision and capture an image of any damage that has been sustained.

Finally, when the Gardaí arrive at the scene, note the name and number of the Garda to whom the collision was reported. The filing of a Garda report is an important part of an insurance claim.

Uninsured Drivers

Despite the strict laws regarding motor insurance in Ireland, a large amount of accidents involve uninsured drivers. If you are involved in a collision where the other party is not insured, your claim will have to be pursued through the Motor Insurers Bureau of Ireland (MIBI), whose specific role is to compensate victims of road traffic collisions where an uninsured or unidentifiable person is liable.

If you have sustained any injuries, your solicitor will still move forward with a personal injury claim to the PIAB, while also having to pursue a separate claim with the MIBI.

Seatbelts

The failure to wear a seat-belt is a major factor in fatalities occurring in road traffic accidents. The Garda Síochána reported in 2020 that one in four passengers and drivers killed in vehicle collisions were not wearing a seat belt.

The Road Safety Authority (RSA) has undertaken a sustained campaign to promote the use of seat belts as a key road safety behaviour, with safety advertisements featuring prominently across television and online media platforms like YouTube. Their advice to anyone driving a car is to always wear your seatbelt before setting off on a journey, and not to think twice about asking your passengers to do the same.

The post Road Traffic Accidents Ireland first appeared on Baxter Mimnagh Solicitors.

Misdiagnosis is not always a result of negligence on the part of the medical professional but when it does occur it is important to investigate whether the impact of the misdiagnosis could have been avoided with more stringent care. Medical staff are expected to take a full case history with every patient and make detailed analysis of overall health before recommending a course of action. This helps them identify symptoms, causes and predict outcomes based on overall health. If a part of a patient’s history is missed due to a lack of attention to detail or a slip in procedure, among many other things, then this can lead to a ruling of negligent misdiagnosis.

Negligence can also be recorded when there has been an inappropriate length of time between investigation and diagnosis, possibly allowing symptoms to worsen and the impact on the individual’s health to grow.

If the correct follow-up and management of consultant or other expert investigation or examination is not sought by the medical practitioner this can also be examined as negligence in duty of care.

It is a very complex and important area of law and if you feel that your health has been compromised by medical negligence then it’s vital that you seek expert legal advice on a confidential basis.

There are generally three main types of misdiagnosis:

Incorrect diagnosis

This is simply when the medical practitioner has got it wrong. They have followed an examination and its outcome and delivered a prognosis which ultimately turns out to be incorrect. The outcome of this can result in inappropriate medication being prescribed, crucial time lost in the management of the correct prognosis and delay in the effective treatment of the underlying condition.

Delayed diagnosis

Pressure of workload, ineffectual management of patient cases and poor procedural management in a GP’s practice, for example, can all result in a delay in diagnosis. However, none of these factors are the fault of the patient. If a significant delay occurs between examination and diagnosis because of the work procedures of the medical practitioner, the outcome for a patient can be very serious.

Failure to diagnose

In many cases a medical staff member may fail to recognise symptoms which can be considered to be with the range of normally identified symptoms. If these are missed this can be ruled as being due to negligence.

Is Misdiagnosis always Medical Negligence?

Not all misdiagnosis is automatically considered medical negligence. There are many areas of healthcare which present overlapping symptoms and conflicting results that blur the area between two separate prognoses. It is the role of the medical practitioner, such as your GP, to identify the conflict in symptoms and make decisions around diagnosis which are responsible and reflect the possible outcomes of diagnosis. Even if the diagnosis eventually proves to be wrong, it can be argued that the prognosis was a typical one for the symptoms that were presented. Seek expert legal advice if you are unsure whether your diagnosis falls into the realm of misdiagnosis or an unfortunate but unavoidable and fair prognosis, given all the information.

Misdiagnosis categories

There are many areas of human health that are prone to misdiagnosis, including symptoms around meningitis, strokes, diabetes, IBS, epilepsy and cancer. The three largest groupings of illness are generally considered to be vascular events, infections and cancers.

Vascular events

Diseases in this category affect the circulatory system and include hypertension, stroke, cardiovascular and peripheral artery disease. As the age people are living to increases due to overall advances in healthcare, so there is a subsequent rise in these types of illnesses. They are progressive diseases and when they are not diagnosed in time or correctly there is serious impact on the lifespan and health outcomes of the patient.

Infections

Infections such as meningitis, spinal infection, pneumonia and endocarditis are all linked to infections that are notoriously difficult to identify quickly. However, they all pose major issues as they can progress in severity rapidly so if there is a delay or misdiagnosis the impact can be devastating for patients.

Cancers

Breast cancer, colorectal, prostate and skin cancers are conditions which some researchers consider to be increasingly prone to misdiagnosis or delayed or incorrect diagnosis.

If you have concerns around the timing and/or the effectiveness of a diagnosis in any of these or related areas seek expert legal advice on how to investigate this further. This is not an extensive list – there are many other areas of diagnosis that apply also, including diagnosis of ectopic pregnancy and irritable bowel syndrome.

Who can be responsible for a misdiagnosis

There are a great many roles within healthcare that can impact a diagnosis. Consequently, each of them can be included in an investigation of a misdiagnosis. The following is not an extensive list but it can give you a very clear sense of the complexity of medical diagnosis and reinforces the need for expert help with your case.

The kinds of healthcare roles that can be responsible include:

• General Practitioners
• Consultants
• Emergency Medical practitioners
• Dentists
• Audiologists
• Oncologists
• Radiologists
• Laboratory Technicians
• Psychologists
• Psychiatrists
• Ophthalmologists
• Dermatologists
• Obstetricians

Factors considered in determining a settlement

When helping a person to investigate misdiagnosis, a legal representative will consider many factors, but the most important one is that each case is unique. Your health and lifestyle is particular to you and while it may seem on first discussion that your case and another are very similar, the personal background to each diagnosis needs to be examined in full.

Your legal advisor will need to look at your age and stage of life, your diagnosis and the impact it had on your lifestyle as well as try to estimate if you should be seeking general or specific damages.

What are General damages?

Damages that are considered to fall under a general heading include financial compensation for any discomfort or pain suffered by misdiagnosis, any loss of bodily function or ability and any ongoing impact that will remain with you as a result of the misdiagnosis.

Special damages

Special damages reflect the impact on your personal financial status as a result of the misdiagnosis. These include loss of earnings, additional travel expenses incurred to receive treatment, new medical expenses and bills created by the diagnosis and any costs for special care or support.

What can I claim for?

You can claim for compensation or damages related to many different areas – these include financial compensation for pain and suffering, loss of earnings, costs associated with the misdiagnosis – including corrective surgery and ongoing healthcare; rehabilitation and any costs incurred by loss of ability to support your dependents.

Timeline

After a misdiagnosis how long do I have to make a claim for misdiagnosis?

Claiming for a mistake in diagnosis is complicated and requires expert legal assistance. It takes time and a great deal of supporting documentation. However, there is a limit on the amount of time within which you can make a claim.

In Ireland there is a standard limitation of 24 months from the date of the negligent diagnosis or, in the case of later recognition of a mistake, then 24 months from the point at which a misdiagnosis was recognised. This can occur because the misdiagnosis allowed symptoms to develop that do not manifest for some time. There is often a delay between receiving a diagnosis and realising that a mistake has been made. The statute of limitations in Ireland recognises this and the 24 months limitation begins at this point of recognition.

What if my child was misdiagnosed? 

Children who received a misdiagnosis have the time limit extended to begin at their 18^th birthday. From that point the 24-month statute of limitation begins. This is because children under 18 are not allowed to instruct a solicitor.

Making your claim

A claim for misdiagnosis of a medical condition is a highly complicated and procedural area of law. You will need to seek out expert legal representation to bring a claim against your medical practitioner.

How do I make a medical negligence claim?

To bring a claim of misdiagnosis you need to be confident that you received a sub-standard level of care that resulted in an impact on your standard of living. To establish this for yourself you need to have a concern that the standard of care you received fell below what is expected of a typical health care professional of the same status.

You must also have a concern that you have suffered unnecessary injury, illness or loss of income as a result of the misdiagnosis. You will be required to prove this, either through testimony or recorded documentation from your healthcare provider.

How do you prove Misdiagnosis?

You may only have a belief that your care was substandard at the point in which you seek advice. Your legal advisor will be able to help you determine whether that belief is accurate by bringing you through a process that seeks to identify how you were treated, the outcomes and whether this breached any duty of care or caused outcomes that you would otherwise not have experienced. You will give personal testimony as well as allow access to your health records to determine the impact of diagnosis.

Starting the claim process

If you believe that you are due compensation or damages for medical misdiagnosis then contact an expert legal representative here.

The post Misdiagnosis in Medical Negligence first appeared on Baxter Mimnagh Solicitors.

Trips, slips and falls are some of the most common accidents. They happen every day and by their nature, can cause very serious injury and, in some cases, even death. According to the Health Service Authority, there are approximately seven accidents classified in this grouping every day and it is the second most common type of accident in the workplace and in public places. All public spaces and work environments are covered by legislation to protect anyone who is required to be there, either for leisure, work or necessity.

Around 22% of slips, trips and falls can result in up to a month’s absence from work while many others result in long-term chronic pain and mobility issues. To combat this, employers and service providers such as restaurants, banks and shopping centre management companies need to be aware of their responsibility in this area. If you have experienced a slip, trip or fall in a public place or in your workplace then you may be entitled to compensation for your injuries. It’s very important that you seek advice from an expert organisation and help them to provide you with the very best advice around your experience.

The following is a guide to what you need to know about slips, trips and falls, how to react if you experience one and what needs to happen next to allow your claim to be processed correctly.

WHAT IS A SLIP, TRIP OR FALL?

A slip occurs when there is too little traction between the floor surface and the footwear of a person. A trip is the result of a walker hitting their foot off a step or other object causing them to lose balance. A fall is a loss of balance resulting from a slip or trip which results in moving from a high position to a low position, usually rapidly.

WHAT FACTORS CAN BE CLASSIFIED AS CONTRIBUTING TO A SLIP, TRIP OR FALL?

There are many different factors that are controllable in a public place or a workplace that can contribute to a slip, trip or fall. These include poor lighting, wet surfaces, stairways and steps while travelling up or down, the movement of vehicles, uneven surfaces, floor cleaning, the presence of ice or snow, bathrooms, entrances and exits, the presence of spilt liquids or a discarded container containing liquids. These apply to any type of building where a member of the public is expected to be, such as public areas and also on public transport vehicles such as trains and buses.

WHAT ARE THE MOST COMMON INJURIES CAUSED BY A SLIP, TRIP OR FALL?

The types of injuries that result in a slip, trip or fall are many. These are the most common but are not restricted to this list:

Soft tissue injuries – these type of injuries often don’t appear until sometime after the event. They can include sprains or ligament tears that take time to manifest. They are the main reason that, even though you may feel fine immediately after a slip, trip or fall, you should seek medical assistance. Soft tissue injuries can become a source of chronic pain if they are not identified early or treated properly.

Broken bones – these injury types are the result of too much pressure being rapidly applied to a bone during a fall or trip. They are common in areas such as wrists or ankles where the pressure can be most forceful. Your age can be a factor too, with more broken bones occurring with older people.

Head injuries – The most traumatic and long-lasting head injuries are injuries to the brain. They can result when a person’s head strikes an object or the floor as they fall. Head injuries can include bumps and bruises but also concussion, fractures and haemorrhage. If your head strikes an object it is extremely important to seek medical assistance as soon as possible.

Sprained ankles or wrists – In general, sprains are the result of damage to ligaments during a fall. We instinctively use our hands to protect ourselves or use our feet to attempt to regain balance when we are falling. This puts unusual and rapid force on ligaments in our wrists and ankles which can take a long time to heal. Sprains, in particular, have a big impact on our day-to-day life as we are often unable to perform daily tasks such as typing, walking or preparing meals.

Cuts or abrasions – The presence of blood as a result of a cut or other skin damage during a fall can often appear to be more traumatic than it is. Although cuts and abrasions tend to heal more quickly than other types of injuries, depending on where on the body it occurs it can have long-lasting affect.

Back or spinal cord injuries – damage to the vertebrate in the spine is a very common result of a fall or trip. The impact during a fall can create damage that has long-term consequences, including slipped discs and fractures.

Shoulder or neck injuries – while falling at speed our shoulders and neck can receive a great deal of the impact, resulting in sprains, fractures or dislocations of the shoulder. Any damage to the neck, either at spinal or muscle level can create intense pain and make normal day-to-day life very difficult.

Knee damage – Our knees are a complex set of bones and ligaments with a crucial role to play. When damaged, they can take a great deal of time and effort to heal and can create problems that last into old age.

Hip damage – The majority of hip fractures are as a result of falls. They are very complicated to repair and usually require surgery. They may require implants or the replacement of the hip. Many older people need significant time to recover from a hip injury.

AREN’T ACCIDENTS SUCH AS TRIPS, SLIPS AND FALLS BLAMELESS BY DEFINITION?

Accidents do happen but, if you are in a public space for the purposes of the services provided by that location’s owners, then the owners and management have a responsibility to ensure that the space is safe to visit. Stairwells need to be properly lit, surfaces need to be even for footfall and wheelchair or pushchair users, signage alerting people to hazards needs to be clear and visible while spillages or other temporary hazards caused by weather, for example, need to be dealt with in a timely and efficient manner.

DO THE REGULATIONS ONLY APPLY TO WORKPLACE ACCIDENTS?

No, the regulations around the responsibility of maintaining a safe public space includes all people who might be in a public space. A shop worker may be injured in a fall in a store due to an unsafe surface but a member of the public could also be injured in the same way. Both are entitled to claim compensation for their injuries.

WHO IS LIABLE FOR A TRIP, SLIP OR FALL?

It is the responsibility of the management team or owner in a public space or public transport vehicle to put policies and practice in place that reacts to the changing nature of public spaces.

For example, on a particularly wet day, rain water reach an entrance area of a shopping centre making the floor slippery. This is a scenario that can be planned for with good policies in place to ensure that in bad weather the entrances are checked regularly and attended to so as to ensure they are safe. Safety mats or other floor coverings can be placed to improve safety and automatic doors can be installed to reduce weather impact. Plans can be put in place to erect temporary signage to alert customers to hazards. All of these things can be done or planned for in advance to meet the highest level of safety.

Management teams are required to make risk assessment plans for their public spaces and to have monitoring systems in place to adapt to changing circumstances such as increased footfall, inclement weather or unexpected damage.

WHAT ARE THE TIME LIMITS AROUND CLAIMING FOR SLIPS, TRIPS OR FALLS?

In Ireland, you have two years to make a claim for an injury experienced in a public place. This period of time starts from the moment your injury is identified. This could be immediately after the slip, trip or fall or it could be some time later when a hidden injury emerges.

WHAT SHOULD I DO TO HELP MY CLAIM IF I HAVE EXPERIENCED A SLIP, TRIP OR FALL?

If you experience an injury in a public place it is crucial that you report it to the management of the building, store or service provider or a staff member.

If the slip, trip or fall occurs outside on a pavement or in a public park, for example, you should contact the local council responsible.

There are strict rules in place as to how they should respond to your report and these include officially documenting and assessing the event, requesting you complete a written injury report and assessing the need for and providing medical assistance.

Even if the person responsible feels you do not need medical attention you should request it or seek this yourself. Many injuries are not visible or yet creating pain in the immediate period after the slip, trip or fall.

You should ensure you receive a copy of any report made by you or the staff or council representatives.

You should ask if CCTV is operating in the area where the slip, trip or fall occurred.

If you feel able to you and have a device such as phone then you should photograph the area where the trip, slip or fall occurred for yourself.

If there are any witnesses to the event, try and obtain their names and contact details.

Gather as much of this information as possible and contact an experienced and expert legal advice service. Its team will be able to advise you on next steps for making a claim for compensation.

The post Personal Injury – how to claim against slips, trips and falls in Ireland first appeared on Baxter Mimnagh Solicitors.