Fine Gael TD sues Dublin Hotel after falling off swing

Alun

Shemale wrote: »

It's a shame Sean didn't press her on how 3 weeks "intensive physio" could amount to €7,000 I make that 116, 30 minute physio sessions at €60 each or 5 - 6 physio sessions a day.

I agree. Recently I twisted my knee badly while hillwalking and my medical expenses, including visit to VHI clinic, x-ray, MRI scan and 3 or 4 sessions of physio would have been a tiny fraction of that.

suicide_circus

Shemale wrote: »

I worked in insurance a few years ago and there was no central register of people claiming for injuries.

If this was implemented it would have a huge impact on the claims culture, if every company gets the name date of birth and pps number of anyone making a liability claim and they could check the register for previous claims they could just decline / fully defend claims and use this information as the reason. Courts should bogus claimants liable for court fees and deduct from welfare or directly from salary, this would make people either A) not bring bogus claims or keep people with edge cases in the remit of the Injures Board which award way less than courts.

the legal profession would fight this to the death

inforfun

For the gamblers here.
The latest odds

mcmoustache

Shemale wrote: »

Probably Data Protection, she is in the footage and I think she would have to consent to it's release.

I don't think that this is the case for CCTV of a public location. We'd have no Garda Patrol or Crime Call or whatever it's called now if there were issues.

Hopefully we get to see it.

Pat Kenny discussion now

ohnonotgmail

mcmoustache wrote: »

I don't think that this is the case for CCTV of a public location. We'd have no Garda Patrol or Crime Call or whatever it's called now if there were issues.

Hopefully we get to see it.

Releasing it to the garda for the investigation of a crime is one thing. Releasing it to saitisfy the salaciousness of the public is another. they wont release it without her permission which is unlikely to be forthcoming

branie2

Strawberry Milkshake wrote: »

Pat Kenny discussion now

I'm listening now

Stop moaning ffs

The PR guy was there as ‘a family friend’.
Yeah right

gimli2112

While i'd love to see it I'd actually prefer the cctv is kept locked away. I wouldn't like this individual to have another avenue to seek compensation. The fact it exits at all is glorious. What an age we live in.

Roger Hassenforder

gimli2112 wrote: »

While i'd love to see it I'd actually prefer the cctv is kept locked away. I wouldn't like this individual to have another avenue to seek compensation. The fact it exits at all is glorious. What an age we live in.

Well, if rumours are to be believed...

sydthebeat

Shefwedfan wrote: »

Just in the small circle/area I know
Small business opens in Dublin. Within 1 month of opening, they had 2 claims against them. Both settled out of court by insurance
Same business after 1 year had to send letters to people explaining they would have to close if claims continued

Two soft play companies, shut down because insurance prices are so high. No idea if they had open claims or not

Large outside play area, lake with fishing etc.....closing because insurance is now over 40k per year. Claims still open

This is Ireland at the moment. If it continues everything will be closed. They have to change the law which allows the company to countersue.

Also if the person loses the case, they walk away and head onto the next case. They have no come back on them. It's a joke.

If they don't throw her out of FG then everyone should demand a general election ASAP......vote these gobsh*ts out. The problem is with the judges and the solicitors. Demand when politicians arrive at your door it is changed.

the biggest issue is actually how the insurance industry will pay out without challenge in the vast majority of cases... knowing they can recoup costs from exorbitant premiums.

it is also an absolute eye opener to spend a day in a circuit court and hear some of the cases and the wafer thin ground people sue over.... and the completely OTT awards that some judges award.

its a complete cash cow where the whole system needs a total reform from root to branch.

Floppybits

janfebmar wrote: »

Leo has to fire her. Otherwise FG support will fall noticeably.

He can't fire her because of the numbers in the Dail. Best they can do is give her a slap on the wrists, take the chair of the homeless committee from her and just let her sit in the corner till the next election. Then if she gets back in she will get a Junior Ministry.

Shefwedfan

sydthebeat wrote: »

the biggest issue is actually how the insurance industry will pay out without challenge in the vast majority of cases... knowing they can recoup costs from exorbitant premiums.

it is also an absolute eye opener to spend a day in a circuit court and hear some of the cases and the wafer thin ground people sue over.... and the completely OTT awards that some judges award.

its a complete cash cow where the whole system needs a total reform from root to branch.

Some of my family work in insurance and in claims. The problem insurance companies have going to court is that they are then on the whim of a judge. A judge which has shown his entire career he is a gobs**t.



So they settle out of court because it works out cheaper. If they brought it to court it would probably double the costs so your insurance premium would increase.



The judges are gobs**t but who knows, are they getting back handers for these cases or why are they so determine to hand over large lumps of cash for no reason?

Wheety

So many inconsistencies in her story.

"Sean, I couldn't go home for 3 days"

"I had to work from home all week, Sean"

Also, she wouldn't answer the question on why she thinks the hotel are at fault. Says legal advice told her she has a case. So Madigan's Solicitors are just a bunch of ambulance chasers then?

ToBeFrank123

Ash.J.Williams wrote: »

The indo are really milking it today

It would almost be forgotten about now if she hadn't gone on RTE yesterday.

She should have quit while she was ahead or at least not far behind.

jon1981

This will make politicians think twice before engaging in any dodgy shenanigans. The power of social media now ensures news like this spreads like wild fire across all media platforms.

It is sad that this is how she will be remembered but as I said before this is todays politics, you need to keep your bib clean as news spreads quicker and broader today compared with 10 yrs ago! You're under even more public scrutiny.

She tripped herself up with the 10k run, that information was freely available under her public Twitter account. She leveraged Social Media for her benefit but forgot it can also be used against her.

The Phantom Jipper

Not a lawyer so I'm speculating here but could it not be argued that she has potentially defamed The Dean by claiming they were negligent, and that releasing the CCTV to clear their own name (if that's what it would do) overrides her right to privacy?

MeMen2_MoRi_

Blur the faces out get around data protection/risk of being sued again?

I want to match the picture I have in my head to what actually happened.

sydthebeat

Shefwedfan wrote: »

So they settle out of court because it works out cheaper. If they brought it to court it would probably double the costs so your insurance premium would increase.

if you go to court against the instruction of the insurance company, they will refuse to indemnify you... so you will be personally liable.
so no one goes against the instruction of the insurance company... even if they are 100% innocent (i have personal experience of this)

jon1981

I wouldn't want to see the CCTV footage released, I think she's suffered enough and her faith is probably already sealed.

mcmoustache

ohnonotgmail wrote: »

Releasing it to the garda for the investigation of a crime is one thing. Releasing it to saitisfy the salaciousness of the public is another. they wont release it without her permission which is unlikely to be forthcoming

I get that but I'm wondering if there are criminal or civil consequences to releasing it. I can't imagine there being any criminal issue since this was in a public place without any reasonable expectation of privacy. We even have live camera feeds of Temple Bar that anyone can view.

From a civil point of view, maybe there are issues but I don't see how defamation could be among them. I'll check out the legal forum as I'm sure similar questions have arisen there in the past few years.

Shefwedfan

jon1981 wrote: »

I wouldn't want to see the CCTV footage released, I think she's suffered enough and her faith is probably already sealed.

The only way to change the law is to show up these people....


They need to release the footage. Then she can explain how she expects a judge to rule on it.



She is the one who wouldn't answer the question and came up with a bulls**t story. If she had her way the hotel would have signed a cheque and nobody would ever know.

ohnonotgmail

mcmoustache wrote: »

I get that but I'm wondering if there are criminal or civil consequences to releasing it. I can't imagine there being any criminal issue since this was in a public place without any reasonable expectation of privacy. We even have live camera feeds of Temple Bar that anyone can view.

From a civil point of view, maybe there are issues but I don't see how defamation could be among them. I'll check out the legal forum as I'm sure similar questions have arisen there in the past few years.

Is it a public place? It is a hotel.

Sonny noggs

sydthebeat wrote: »

the biggest issue is actually how the insurance industry will pay out without challenge in the vast majority of cases... knowing they can recoup costs from exorbitant premiums.

They pay out without challenge based on a cost benefit analysis of how it will go in court. Here is an example from a recent car crash compensation case that went to court:

“Judge Groarke said Ms Contaragui was “prone to misdescription, exaggeration, misrepresentation, apparent falsehood and a lack of accuracy about injuries, previous medical history and her attendances with doctors”.

So based on that you would imagine the judge threw the case out, right?

Think again.

“He believed her complaint of injury to her neck and lower back was ‘probably correct’ and that he would award her general damages of €10,000 jointly and severally against the three defendants Mr Contaragiu and Mr and Ms Orosanu.”

Sardonicat

Her account of how she fell doesn't even hold up. If she was leaning forward to hold her friends drink, how did she end up sliding backwards off the swing? It says a great deal about her that she thought she could take to the airwaves and justify taking legal action with that pile of codswallop. She seems to genuinely see herself as a victim and to have a massive sense of entitlement to have brought the claim in the first place. The mask is well and truly off.

Peatys

jon1981 wrote: »

I wouldn't want to see the CCTV footage released, I think she's suffered enough and her faith is probably already sealed.

Internet has the scent of blood in its nostrils and won't stop now.

jon1981

Peatys wrote: »

Internet has the scent of blood in its nostrils and won't stop now.

Right, thin line between the public pursuing this for someone to be held account and bullying.

As I mentioned in previous posts I think she needs to step down or be removed so I'm not defending her but I wouldn't like to see someone bullied over this.

Penn

Sardonicat wrote: »

Her account of how she fell doesn't even hold up. If she was leaning forward to hold her friends drink, how did she end up sliding backwards off the swing? It says a great deal about her that she thought she could take to the airwaves and justify taking legal action with that pile of codswallop. She seems to genuinely see herself as a victim and to have a massive sense of entitlement to have brought the claim in the first place. The mask is well and truly off.

Did they say she fell backwards off the swing? I had it in my head that she was reaching forward and the swing slipped out behind her (hence the claim about it being highly polished wood thereby inferring there was no grip on it).

jon1981

Shefwedfan wrote: »

The only way to change the law is to show up these people....


They need to release the footage. Then she can explain how she expects a judge to rule on it.



She is the one who wouldn't answer the question and came up with a bulls**t story. If she had her way the hotel would have signed a cheque and nobody would ever know.

But she didn't get her way and we know. We can infer the story was BS without the need to see the footage, her inconsistencies were enough.

The damage is so heavy here she's done, how much blood do you want?

Patrick2010

[QUOTE=
The judges are gobs**t but who knows, are they getting back handers for these cases or why are they so determine to hand over large lumps of cash for no reason?[/QUOTE]


I don't doubt a lot of them are gobsh*tes but I doubt they're getting backhanders, more the fact that the legal profession is a society of its own and judges know its in the interest of the legal profession as a whole to keep awards high.