Fine Gael TD sues Dublin Hotel after falling off swing

ToBeFrank123

BattleCorp wrote: »

Being a complete gobsh1te and falling off a swing isn't the same as manufacturing a car crash to get a payout. They are not remotely similar. Are you trying to suggest she fell off the swing on purpose to get compensation? If that's what you are saying, then they would be similar but I don't think that's the case here.

Was Bailey the cause of her own misfortune? I suspect she was but I can't say for certain. But being the cause of your own misfortune often doesn't always result in having an unsuccessful personal injury claim. I've seen it in work here. A worker can do 99 things wrong that causes their accident but if the company does 1 thing wrong, more than likely the worker will win their case.

Did Bailey fall? Yes she did. So she is entitled to look for compensation the same as any other citizen. There is no law that says she can't look for compensation given those circumstances. There is absolutely no guarantee that she'd win though. Yes, there are fraud laws if someone is acting the boll1x, but it's my honest belief that this doesn't come close to reaching the threshold for fraud. Personally I think it's a scummy thing to claim for injury if she was the author of her own misfortune.

This is lost on a lot of people but there is no law that says people can't look for compensation even if they are the author of their own misfortune. That said, she's looking for handy money at the hotel's expense and I hope she has no luck for it.

What she did was the equivalent of driving while taking both her hands off the wheel and texting on her phone and looking everywhere except at the road. Then running into someone and claiming they were at fault.
She had no case, not even close. She was negligent, no-one else.

Snow Garden

MB: I had one beer in my hand and I was reaching for my friend's bottle of wine as she was taking her camera out of her jacket, I was then on the floor and I was mortified, I jumped up because I was mortified...

SOR: Just clarify one thing. Did you have something in each hand when this happened?

MB: That would have been a matter for the judge to adjudicate on and I'm not opening a trial here.

Snow Garden

Snow Garden wrote: »

MB: That would have been a matter for the judge to adjudicate on and I'm not opening a trial here.

An impudent piece of work. She volunteered to speak on national radio.

Snow Garden

Snow Garden wrote: »

MB: I had one beer in my hand and I was reaching for my friend's bottle of wine as she was taking her camera out of her jacket, I was then on the floor and I was mortified, I jumped up because I was mortified...

SOR: Just clarify one thing. Did you have something in each hand when this happened?

MB: That would have been a matter for the judge to adjudicate on and I'm not opening a trial here.

She actually said she was holding the wine. One mo, I’ll have to find the transcript.

Here it is, taken from Irish Times

SOR: Ok, one bottle of beer in one hand ...

MB: I had my beer in my hand, and then I was reaching for my friend’s, I had a bottle of wine, she was taking her camera out of her jacket, I then found myself on the floor.

I was mortified, I jumped up, because I was just mortified. I went to the bathroom with two of my friends to assess. I had a few cuts and grazes, whatever, I went down to reception and I asked for some plasters. At all times, I will have to say to you, and during the course of this, the hotel have always been respectful and very decent ...

Chiparus

Snow Garden wrote: »

Who can hold the beer bottle and wine bottle?

Where did they get the bottles, she said she went up in the lift , so presumably her friend brought the wine bottle with her ?
But also friend had a bottle , but no mention of a glass.

BattleCorp

ToBeFrank123 wrote: »

What she did was the equivalent of driving while taking both her hands off the wheel and texting on her phone and looking everywhere except at the road. Then running into someone and claiming they were at fault.
She had no case, not even close. She was negligent, no-one else.

Again, not quite. Texting while driving is illegal. Can you show me what part of what Bailey did is illegal? Having a hard neck isn't illegal.

Unethical maybe, but not illegal. Running a race three weeks after an accident is not illegal. Nor, believe it or not, is having an inaccuracy in an Affidavit. I've seen them corrected a few times in court. (You might say lie, she might say inaccuracy). It's not a lie unless a judge believes it to be a lie.

I know it seems like I am defending Bailey. I'm not. I think it's a scummy thing to do to put in a claim in those circumstances. But, if you'll pardon the pun, to be frank she hasn't broken any laws. Unfortunately.

I've seen weaker cases than hers succeed. Again unfortunately.

By the way, if she was negligent and the hotel were negligent (in any way), she'd probably win her case. She might lose some of her compensation because of contributory negligence but it's unlikely she'd lose everything.

The problem is that the hotel is expected to foresee every reasonable eventuality. They are expected to foresee that people are dumb sh1ts and will fall drunk off a swing or won't hold on properly and must take steps to prevent that from happening. The burden placed on employers is far too much. The fact that the hotel put non-slip tape on the swing following this incident could be used by Bailey to show that the hotel hadn't done enough to prevent gobsh1tes from falling off the swing. Sadly that's the way things are.

Suckit

ToBeFrank123 wrote: »

What she did was the equivalent of driving while taking both her hands off the wheel and texting on her phone and looking everywhere except at the road. Then running into someone and claiming they were at fault.
She had no case, not even close. She was negligent, no-one else.

The equivelant, maybe (not sure), but what she actually did, is a lot more idiotic.
Sat on a 'swing' 45cm from the ground while holding bottles, fell and her first instinct is to sue. She was mortified, so decided to drag it to court. She couldn't run for 3 months (still don't how that mistake would have been ammended) but ran 3 weeks later (miost likely trained too). Had it become public (which should have been even more 'mortifying') but decided to go on the radio and blame everyone else. This woman should be mortified that she is still in Government. Fine Gael should be mortified that she is still in their party.

Came across this on twitter from last week
https://twitter.com/AlanFarrell/status/1133864140425093120


Imagine having those two backing you? Mortifying.

Deebles McBeebles

"I had a few cuts and grazes, whatever"

Exactly, Maria!

Sajid Javid

I presume that everything MB done was all done on the best possible advice available at the time.
Jeanie Mac what were they thinking? future careers getting shattered and all because they couldn't tell it as it was.

Yurt2

InTheShadows wrote: »

It's events like this that make me sit back shake my head and wonder if things will ever change on our little island.

At the end of the day FG talk a good game but that's all it is, talk.

Be it housing, health, rent, justice, insurance rates and fraud etc.. they are left wanting at every turn and tbh the media here have let them off the hook with soft ball questions and a real lack of follow up.

It's no longer good enough to be blaming FF for everything. FG have been in power since what 2011 and have failed to address these issues. Is it FF's fault that Bailey isn't out on her arse as an example of how seriously FG are taking insurance fraud? No it falls squarely at the feet of our incompetent leader who is incapable of anything if it doesn't involve spin.

Speak up and you're labelled as a moaner/communist/whinger/insert insult here. This is a bad government benefitting from good global economic headwinds. So while the headline figures seem good, under the bonnet most of the stuff within the gift of the gov is disimproving. I'll say it, our quality of life compared to our Western European peers is poor.

It's not merely that they're ineffectual and presiding over growing problems, they're also insufferably arrogant.

ChikiChiki

FG give themselves credit for the low hanging fruit. In reality they have achieved very very little since they came to power in 2011.

Insufferably arrogant is an understatement.

ChikiChiki

ChikiChiki wrote: »

FG give themselves credit for the low hanging fruit. In reality they have achieved very very little since they came to power in 2011.

Insufferably arrogant is an understatement.

Their tried and trusted tactic is to portray other political entities in a negative light, with a few shills here doing their utmost to divert attention away from the Bailey scandal.

BattleCorp

ChikiChiki wrote: »

FG give themselves credit for the low hanging fruit. In reality they have achieved very very little since they came to power in 2011.

They have achieved lots. They've managed to resurrect people's faith in Fianna Fail. And that's some achievement given the state of the country 10 years ago.

Oh yeah, wasting probably a billion or more on the children's hospital and wasting billions on rural broadband. I'm sure there's lots more that they are wasting money on............

FrancieBrady

ChikiChiki wrote: »

FG give themselves credit for the low hanging fruit. In reality they have achieved very very little since they came to power in 2011.

Insufferably arrogant is an understatement.

The rehabilitation of FF is their most profound contribution. FF should have been relegated for at least a generation and here we are.

Yurt2

FrancieBrady wrote: »

The rehabilitation of FF is their most profound contribution. FF should have been relegated for at least a generation and here we are.

They're still toxic to young people. I still haven't forgotten their carry-on and will likely never vote for them again, unless it's for tactical reasons to keep a candidate I abhor out.

The grey vote will always give them a nod because they know FF are always good for a penshun increase - guaranteed low-risk vote winner.

https://www.thejournal.ie/exit-poll-fianna-fail-youth-vote-4651942-May2019/

ToBeFrank123

BattleCorp wrote: »

Again, not quite. Texting while driving is illegal. Can you show me what part of what Bailey did is illegal? Having a hard neck isn't illegal.

Unethical maybe, but not illegal. Running a race three weeks after an accident is not illegal. Nor, believe it or not, is having an inaccuracy in an Affidavit. I've seen them corrected a few times in court. (You might say lie, she might say inaccuracy). It's not a lie unless a judge believes it to be a lie.

I know it seems like I am defending Bailey. I'm not. I think it's a scummy thing to do to put in a claim in those circumstances. But, if you'll pardon the pun, to be frank she hasn't broken any laws. Unfortunately.

I've seen weaker cases than hers succeed. Again unfortunately.

By the way, if she was negligent and the hotel were negligent (in any way), she'd probably win her case. She might lose some of her compensation because of contributory negligence but it's unlikely she'd lose everything.

The problem is that the hotel is expected to foresee every reasonable eventuality. They are expected to foresee that people are dumb sh1ts and will fall drunk off a swing or won't hold on properly and must take steps to prevent that from happening. The burden placed on employers is far too much. The fact that the hotel put non-slip tape on the swing following this incident could be used by Bailey to show that the hotel hadn't done enough to prevent gobsh1tes from falling off the swing. Sadly that's the way things are.

The point I was making was that if you use something in a way it was never intended to be used or if you use it in a dangerous way, you will have an accident. But you only have yourself to blame.

If you get a coffee from a café, cross the street and trip on a footpath and spill the coffee on yourself, do you then go back and sue the café?
If you drive a car in a way that its not intended and crash, are you to blame?
If you fall down stairs because you weren't careful who is to blame.

The whole compo culture is based around people doing what they shouldn't be doing such as luas surfing or behaving in an irresponsible manner and trying to blame others for it. Personal responsibility is completely missing. And it all depends which judge you get.

ChikiChiki

BattleCorp wrote: »

ChikiChiki wrote: »

FG give themselves credit for the low hanging fruit. In reality they have achieved very very little since they came to power in 2011.

They have achieved lots. They've managed to resurrect people's faith in Fianna Fail. And that's some achievement given the state of the country 10 years ago.

Oh yeah, wasting probably a billion or more on the children's hospital and wasting billions on rural broadband. I'm sure there's lots more that they are wasting money on............

But but but....... all the opposition parties would have wasted the same money on the children's hospital too. Or so the FG boardsies say.

Give me strenght.

Suckit

Two people I work with are getting more worked up as long as she stays in..
It's kinda funny, except they are now turning any conversation into anger at her/FG. I can see more peoples anger bubbling up as long as she stays on, no matter how much of a low profile she tries to keep.

Would she likely get voted in again next election by her constituency? I think if she even ran, it would affect other constituencies FG runners.

ToBeFrank123

No more than Brian Cowen in 2008, Varadkar inherited a number of perfect storms from Enda Kenny.

1. NCH
2. Homelessness
3. Broadband
4. Trump
5. Brexit

And the MB case is a new addition.

There are other problems he inherited too. In fairness many of them are difficult enough to solve, but he wanted this job.

Fann Linn

ToBeFrank123 wrote: »

No more than Brian Cowen in 2008, Varadkar inherited a number of perfect storms from Enda Kenny.

1. NCH
2. Homelessness
3. Broadband
4. Trump
5. Brexit

And the MB case is a new addition.

There are other problems he inherited too. In fairness many of them are difficult enough to solve, but he wanted this job.

Not even the Fg membership wanted him for this job apart from their own TDs and Senators.

blinding

Chiparus wrote: »

Where did they get the bottles, she said she went up in the lift , so presumably her friend brought the wine bottle with her ?
But also friend had a bottle , but no mention of a glass.

Winos on a swing ; What could possibly go wrong ?

blinding

BattleCorp wrote: »

Again, not quite. Texting while driving is illegal. Can you show me what part of what Bailey did is illegal? Having a hard neck isn't illegal.

Unethical maybe, but not illegal. Running a race three weeks after an accident is not illegal. Nor, believe it or not, is having an inaccuracy in an Affidavit. I've seen them corrected a few times in court. (You might say lie, she might say inaccuracy). It's not a lie unless a judge believes it to be a lie.

I know it seems like I am defending Bailey. I'm not. I think it's a scummy thing to do to put in a claim in those circumstances. But, if you'll pardon the pun, to be frank she hasn't broken any laws. Unfortunately.

I've seen weaker cases than hers succeed. Again unfortunately.

By the way, if she was negligent and the hotel were negligent (in any way), she'd probably win her case. She might lose some of her compensation because of contributory negligence but it's unlikely she'd lose everything.

The problem is that the hotel is expected to foresee every reasonable eventuality. They are expected to foresee that people are dumb sh1ts and will fall drunk off a swing or won't hold on properly and must take steps to prevent that from happening. The burden placed on employers is far too much. The fact that the hotel put non-slip tape on the swing following this incident could be used by Bailey to show that the hotel hadn't done enough to prevent gobsh1tes from falling off the swing. Sadly that's the way things are.

Surely her miracle recovery and not giving credit to All Mighty God must be some sort of Crime .

bottlebrush

blinding wrote: »

Winos on a swing ; What could possibly go wrong ?

I didn't hear if the drinks were spilled or the bottles broken after she fell.
or was that for the judge to decide?

blinding

Suckit wrote: »

The equivelant, maybe (not sure), but what she actually did, is a lot more idiotic.
Sat on a 'swing' 45cm from the ground while holding bottles, fell and her first instinct is to sue. She was mortified, so decided to drag it to court. She couldn't run for 3 months (still don't how that mistake would have been ammended) but ran 3 weeks later (miost likely trained too). Had it become public (which should have been even more 'mortifying') but decided to go on the radio and blame everyone else. This woman should be mortified that she is still in Government. Fine Gael should be mortified that she is still in their party.

Came across this on twitter from last week
https://twitter.com/AlanFarrell/status/1133864140425093120


Imagine having those two backing you? Mortifying.

If only they were there when Maria needed backing !

Jupiter Mulligan

ChikiChiki wrote: »

But but but....... all the opposition parties would have wasted the same money on the children's hospital too. Or so the FG boardsies say.

If you know different -as presumably you do, otherwise you wouldn't have written such a sarcastic comment - then the world of Boards.ie awaits your wisdom!

I'm all agog! Should I hold my breath while you explain how other parties could have reduced the costs?

Smaller wards? Fewer patients? No car parks? Reduced operating theatres? No toilet facilities for visitors?

Or perhaps you'd simply have scrapped the whole thing and started again!

Suckit

blinding wrote: »

If only they were there when Maria needed backing !

Alan Farrell attempted to back her on the radio on Friday.
Bit like one of the Kinahans telling you that the local drug dealer is a good guy. Or would it be the local dealer saying that the Kinahans are good guys?

mad muffin

ToBeFrank123 wrote: »

No more than Brian Cowen in 2008, Varadkar inherited a number of perfect storms from Enda Kenny.

1. NCH
2. Homelessness
3. Broadband
4. Trump
5. Brexit

And the MB case is a new addition.

There are other problems he inherited too. In fairness many of them are difficult enough to solve, but he wanted this job.

HAHA MOTHERFÜCKING HA!!!!

Varadkar is too concerned and preoccupied with his image and what he’ll do after being Taoiseach to ever be an effective leader. His focus an absolute shambles, and it’s all his own doing.

If FG get re-elected and Leo wins back his seat, I’ll eat my hat. And if FF lose, they should disband and go into exile because an easier win will never been seen again.

blinding

Suckit wrote: »

Alan Farrell attempted to back her on the radio on Friday.
Bit like one of the Kinahans telling you that the local drug dealer is a good guy. Or would it be the local dealer saying that the Kinahans are good guys?

The Firm Circle-ing the Wagons to Protect one of their own .

iamwhoiam

Suckit wrote: »

Two people I work with are getting more worked up as long as she stays in..
It's kinda funny, except they are now turning any conversation into anger at her/FG. I can see more peoples anger bubbling up as long as she stays on, no matter how much of a low profile she tries to keep.

Would she likely get voted in again next election by her constituency? I think if she even ran, it would affect other constituencies FG runners.

I think she is the straw that broke the camels back .
People are angry at the complete disconnect between FG and the real world . People are angry about homelessness etc etc etc . Etc etc etc etc