Man living in Council House Slips after 5 Pints, Claims and is Awarded €105K

McCrack

topper75 wrote: »

I'm sure it will.

Beyond that though, can I ask in my legal ignorance if there is any kind of formal peer review system among the judiciary?

Yes - an appeal by one of the sides to the next Court in the tier

Liam McPoyle

BrokenArrows wrote: »

I wonder would that succeed.
Could i sue myself after falling on my own property and claim it off my insurance?

No, but it doesn't mean that people may not try it.

Chrongen

In fairness the amount of times I've ever slipped and fallen over in my life, the majority have been experienced when sober and I've had 5 pints in me on 100's if not 1000's of occasions The only 2 times I've slipped and gone to ground when locked or semi-locked have been once on a wet dance floor in the US (I probably could have gotten millions for that) and once going home with a girl I met at a Christmas do years ago. Ground was covered in ice and the pair of us landed on our arses outside her house.

Anyway this case was about the tiles being dangerous.

If I'm locked and fall asleep on the couch and there's a carbon monoxide leak due to shoddy work and also a defective detector and I'm asphyxiated it's hardly MY fault but some will say "Stupid bastard shouldn't have been drunk. Serves him right.

Gatling

Business Cat wrote: »

No, but it doesn't mean that people may not try it.

Who remembers the blind man who feel out of his friends window .


Sickening that was awarded wonder if he put the tiles down himself

boardsuser1

Wow :eek:

Funny how the tiles in my house were there when I moved in yet I never slipped.

Must be because i don’t drink.

Silly me!

Chrongen

Chrongen wrote: »

In fairness the amount of times I've ever slipped and fallen over in my life, the majority have been experienced when sober and I've had 5 pints in me on 100's if not 1000's of occasions The only 2 times I've slipped and gone to ground when locked or semi-locked have been once on a wet dance floor in the US (I probably could have gotten millions for that) and once going home with a girl I met at a Christmas do years ago. Ground was covered in ice and the pair of us landed on our arses outside her house.

Anyway this case was about the tiles being dangerous.

If I'm locked and fall asleep on the couch and there's a carbon monoxide leak due to shoddy work and also a defective detector and I'm asphyxiated it's hardly MY fault but some will say "Stupid bastard shouldn't have been drunk. Serves him right.

But the expert deemed there was a moderate risk ONLY when wet but the judge ignored that, said the House wasn’t fit for human habitation and then, awarded an astronomical payout!

AmberGold

Chrongen wrote: »

In fairness the amount of times I've ever slipped and fallen over in my life, the majority have been experienced when sober and I've had 5 pints in me on 100's if not 1000's of occasions The only 2 times I've slipped and gone to ground when locked or semi-locked have been once on a wet dance floor in the US (I probably could have gotten millions for that) and once going home with a girl I met at a Christmas do years ago. Ground was covered in ice and the pair of us landed on our arses outside her house.

Anyway this case was about the tiles being dangerous.

If I'm locked and fall asleep on the couch and there's a carbon monoxide leak due to shoddy work and also a defective detector and I'm asphyxiated it's hardly MY fault but some will say "Stupid bastard shouldn't have been drunk. Serves him right.

Big difference between falling asleep, dying from a carbon monoxide leak and slipping on a wet tile, drunk. Where does contributory negligence come into this?

Mint Sauce

And it will cause the Local CoCo even more, as they will have go into all their other council properties, to change floors, so they can avoid future claims. What ever happened to personal responsibility.

Sue Pa Key Pa

Hector Savage wrote:

Where will this sh1te stop ? You could literally argue ANYTHING in the world is too dangerous and unfit for humans ...

Nope, these things only become lethal once they arrive in Ireland. Strangely, other countries seem to be able to avoid injury going about their daily business

Lia_lia

Mental stuff.

My Mother slipped on a pavement in Cork city the other day because the paving blocks were loose. Completely bashed up her knee. She made a joke about suing the council and we had a laugh about it. Funny thing is she probably would have got away with suing them. :rolleyes:

Kivaro

The_Valeyard wrote: »

Please tell me this will be appealed.

They can appeal BUT they must first fork out 30 Grand to the council victim before the appeal process.
By the way, you may ask why he didn't put a mat on the wet tiles?
Well ................

The judge accepted Mr Keegan’s evidence that on leaving his house on the way to the funeral he noticed the porch mat was wet and he put it on the side gate to dry. When he returned home Mr Keegan said the mat had been taken from the gate and for that reason, he stepped on to the tiles in the porch.

Holy Flucking Mother of God. This lunatic of a judge believed him.
It's no wonder that Ireland is scam central.
This judge should be fired ............. but that ain't gonna happen.

thebaz

I believe Justice Barr is from legal Aristocracy - well sheltered from the day to day realities of modern Irish life - ther is a housing crisis in Ireland that needs to be solved before we pamper to these greed driven awards - I know I would prefer to live in a house with faulty tiling , rather that enduring these cold nights on the streets in a tent , like a few I know - solve the housing crissis first , before we waste money on these awards and lunacy safety policy but then again I guess Justice Barr is well shielded from these harsh realities of Irish life today.

BillyBobBS

My daughters friends family lived in a council house and they moved there a couple of years ago into a house they inherited in the same area from a deceased relative. They had spent an absolute fortune on the house down the 12 or so years they had lived there every single room had been renovated by themselves and the garden landscaped (the council don't do sfa for tenants). The day they moved out the council boarded the house up and over the next few weeks the house was completely and utterly gutted of everything. Wooden floors, new bathroom, kitchen units, the wooden blinds, light fixings, tiled floors etc.. all removed and taken away. I'm sure some of the stuff is sold on by lads removing them btw as a side business.

The reason the council do this is because of the compo culture. The house has to put back to the original condition it was built in and then if the tenant puts anything else in and get's hurt it's the tenants fault not the council. They even paint the walls back to white believe it or not. Why this didn't happen in this case i don't know but it is maddening for any new tenants moving into a council house to have to shell out thousands of euro to fit out a house when in the majority of cases those tenants earn very little and can't afford it.

Surely the council could let the new tenants sign a waiver if they want the house instead of them ripping everything out.

Are you telling me billy that they rent you a shell of a house? Hahahahahaha





















Haha

thebaz

BillyBobBS wrote: »

Surely the council could let the new tenants sign a waiver if they want the house instead of them ripping everything out.

That would seam the logical thing to do - especially given the insane shortage of affordable housing in Ireland today

ToddyDoody

Does anyone have the name of the firm who represented the council? I believe they should have to pay this.

fullstop

Not this prick of a judge's first rodeo by any means. Here's one from only 2 days ago, thankfully other judges saw sense on this one....€121k for a ding in a car park?!!

https://www.irishtimes.com/news/crime-and-law/courts/high-court/judge-almost-halves-121-000-damages-over-car-park-collision-1.3309620

McCrack

thebaz wrote: »

I believe Justice Barr is from legal Aristocracy - well sheltered from the day to day realities of modern Irish life - ther is a housing crisis in Ireland that needs to be solved before we pamper to these greed driven awards - I know I would prefer to live in a house with faulty tiling , rather that enduring these cold nights on the streets in a tent , like a few I know - solve the housing crissis first , before we waste money on these awards and lunacy safety policy but then again I guess Justice Barr is well shielded from these harsh realities of Irish life today.

I was waiting for you to surface in this thread

Mutant z

Why are people being compensated for their own stupidity i could slip on a banana skin and hurt myself it doesnt mean i have the right to sue anyone because of it, things happen just move on and stop looking to blame others for your own misfortunes.

conorhal

Rick Shaw wrote: »

Judge needs kicked in his goolies.

You know what, I used to think the whole 'elected judges and police chiefs thing in America' was crazy, but the older and crankier I get the more I want the right to elect Judge Judy to the circuit court......

griffin100

fullstop wrote: »

Not this prick of a judge's first rodeo by any means. Here's one from only 2 days ago, thankfully other judges saw sense on this one....€121k for a ding in a car park?!!

https://www.irishtimes.com/news/crime-and-law/courts/high-court/judge-almost-halves-121-000-damages-over-car-park-collision-1.3309620

As someone who is involved in claim management I can tell you that Barr and Cross are the worst judges to try and defend a claim against. Most insurers won't event try and defend a case if its listed for either of these judges. They are renowned for finding for the plaintiff and for awarding large sums

Your Face

This bit about the porch tiles:

"The judge said the essential issue in the case was whether the porch tiles were appropriate for use in an exposed exterior porch. He said engineers on both sides agreed with after tests the tiles presented a low risk of slipping when dry and a moderate risk of slipping when wet. The engineers, the judge said, disagreed that these findings made the tiles inappropriate for use in the porch area.

Mr Justice Barr said he was satisfied that in all the circumstances the tiles were inappropriate for use in an exterior porch and that the use of the tiles rendered the house unfit for human habitation."

thebaz

McCrack wrote: »

I was waiting for you to surface in this thread

Certain issues still make me very angry - rest assured, for the most part though I have left boards

fritzelly

If the council don't dispute this judgement and get a judge who himself is not drunk then that is the real travesty

Was it not the other week that a judge threw out a case where a woman tried to sue a shopping center because she slipped on the grass rather than walking on the perfectly acceptable path...

Liam McPoyle

fritzelly wrote: »

If the council don't dispute this judgement and get a judge who himself is not drunk then that is the real travesty

Was it not the other week that a judge threw out a case where a woman tried to sue a shopping center because she slipped on the grass rather than walking on the perfectly acceptable path...

Obviously it was defended if it made it's way to the highcourt. Claims don't just do straight there, the general process is that various avenues are explored by the defendants team until they are exhausted.

Afaik you cannot decide that you don't like a particular judge and ask to be seen by someone else.

This will be appealed and hopefully it will be overturned but these appeals take time and money, perhaps the best option will be to just pay the €30 and be done with him.

This is going since 2013 so id say with legal fees the ultimate cost will be nearer €50k.

We are at the stage now that common sense needs to prevail and personal accountability has to come into the equation.

A ruling like this essentially means that any tiler or county council is open to being sued if someone slips on their work or a house.

Most surfaces tend to be slippy when they get wet, that's par for the course.

Grand if substandard tiles were used or they were proven to be particularly slippy or that they shouldn't have been used on a walkway but come on.

The likes of pubs or retail outlets already have enough problems with slips, trips and falls on their premises which has caused massive hikes in their insurance but this ruling opens up a whole new aspect of liability.

pickarooney

c_man wrote: »

What was the point in bringing in experts?

Jon Bon Feckin Jovi could have told him the tiles were slippery when wet.

backspin.

What a fu*king low life waster. Scabs of the state to provide a roof over his head. Goes out drinking his dole then slips on his own tiles on the way back and sues the state. What a micky mouse country.

fxotoole

BillyBobBS wrote: »

My daughters friends family lived in a council house and they moved there a couple of years ago into a house they inherited in the same area from a deceased relative. They had spent an absolute fortune on the house down the 12 or so years they had lived there every single room had been renovated by themselves and the garden landscaped (the council don't do sfa for tenants). The day they moved out the council boarded the house up and over the next few weeks the house was completely and utterly gutted of everything. Wooden floors, new bathroom, kitchen units, the wooden blinds, light fixings, tiled floors etc.. all removed and taken away. I'm sure some of the stuff is sold on by lads removing them btw as a side business.

The reason the council do this is because of the compo culture. The house has to put back to the original condition it was built in and then if the tenant puts anything else in and get's hurt it's the tenants fault not the council. They even paint the walls back to white believe it or not. Why this didn't happen in this case i don't know but it is maddening for any new tenants moving into a council house to have to shell out thousands of euro to fit out a house when in the majority of cases those tenants earn very little and can't afford it.

Surely the council could let the new tenants sign a waiver if they want the house instead of them ripping everything out.

I don’t follow your logic here. Why do they “have to” shell out thousands to fit it out? Is the council’s standard fit out not up to scratch? If not, explain why.

If it’s a case of tenants not liking the colour of the curtains or the design of the tiles or whatever, then I think it’s only fair that the tenants pay for it.

If they can’t afford it, they shouldn’t be changing anything until they can afford to pay for it.

neirbloom

server down wrote: »

We need to elect and impeach judges at that level.

Good luck with that lol. We don't impede judges and other high level judicial workers in this country and many others, we award them.


Judge Antony Barr

Kivaro

neirbloom wrote: »

Good luck with that lol. We don't impede judges and other high level judicial workers in this country and many others, we award them.


Judge Antony Barr

As mentioned earlier, citizens should have the right to elect our judges, DPP's, and other senior civil servants. Give them 4 year contracts. Their re-election would be based on their record.

One of these days, there will be a revolution in this country ...........