Fine Gael TD sues Dublin Hotel after falling off swing

sydthebeat

Sonny noggs wrote: »

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.”

ive seen very similar cases

one particular family in a car... father driving, two sons and his mother in back. Father rear ends a car on a roundabout, and all 3 sue fathers insurance

no injury more than soft tissue damage, no medical intervention other than paracetamol and some physio.

all 3 swear on the bible that they had seat belts on.
vigurously fought against by insurers barrister

judge pays out an average of €18 k to each of the 3......

Shefwedfan

jon1981 wrote: »

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.

Personally I would like to see the following


For her to apologize. Simple as that.


What I would like to see on the back of this they actually do something. They are talking and talking about changing the insurance/legal system but this is going on years now and nothing. So based on this change it.



Also change it so it helps the business, not the wasters that are claiming.



If they need to see how its done, look at the UK, at least they have a limit on what people can get.

bucketybuck

The Dean doesn't even need to "release" any footage.

Random videos show up anonymously on social media all the time, who is to say how they got there...

Sir Oxman

Shocking phone poll results from 98FM

12% think Bailey did nothing wrong...

The blueshirt bots can't even overhaul a phone poll!

Sardonicat

Penn wrote: »

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).

Yes, she said she fell backwards. Go figure the dynamics of that.

odyssey06

I think we have to dis-enfranchise Dun Laoghaire over this in the next general election to be safe.
We should only allow them votes in EU elections which they seem to have mostly sown up in any case.

Shefwedfan

Sir Oxman wrote: »

Shocking phone poll results from 98FM

12% think Bailey did nothing wrong...

The blueshirt bots can't even overhaul a phone poll!

98FM....really are you shocked? I would have expected a higher percentage thinking what she did was ok....

ToBeFrank123

Peatys wrote: »

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

Personally I think she has suffered enough and its time to move on. As a people I think we are better than kicking someone when they are down. She should keep a low profile, see out the rest of her Dail term and then decide if public life is for her.
Its not just the internet that scents blood, the newspapers are far worse and once they get hold of a story, countless reporters and commentators depend on it as a way of making a living.
These stories tend to run for 3-4 days and then the papers move on to something else, if you keep a low profile that is. The more she talks about it, the more the media react to it.

Shefwedfan

Sardonicat wrote: »

Yes, she said she fell backwards. Go figure the dynamics of that.

Did she?



From her "detailed" comments yesterday I took it she went forward and face splat into the floor

Sir Oxman

Shefwedfan wrote: »

98FM....really are you shocked? I would have expected a higher percentage thinking what she did was ok....

that's my point!:)

jon1981

ToBeFrank123 wrote: »

Personally I think she has suffered enough and its time to move on. As a people I think we are better than kicking someone when they are down. She should keep a low profile, see out the rest of her Dail term and then decide if public life is for her.
Its not just the internet that scents blood, the newspapers are far worse and once they get hold of a story, countless reporters and commentators depend on it as a way of making a living.
These stories tend to run for 3-4 days and then the papers move on to something else, if you keep a low profile that is. The more she talks about it, the more the media react to it.

She did herself no favours by blaming the media. The have the bit between their teeth now and won't let go.

Peatys

Sir Oxman wrote: »

Shocking phone poll results from 98FM

12% think Bailey did nothing wrong...

The blueshirt bots can't even overhaul a phone poll!

You could probably rewrite that to, 12% believe she can do no wrong. Sickening how these people keep getting elected. Is it any wonder how shocked she is that she even has to account for herself bar telling us she's a working mother and a symbol of decent hard working families across the country?

She and her ilk have been surrounded by yes men all their lives. Her walls are going to come crashing down this week when she meets Leo. (Judging on the distancing moves from her ex buddies over the weekend)

Shefwedfan

ToBeFrank123 wrote: »

Personally I think she has suffered enough and its time to move on. As a people I think we are better than kicking someone when they are down. She should keep a low profile, see out the rest of her Dail term and then decide if public life is for her.
Its not just the internet that scents blood, the newspapers are far worse and once they get hold of a story, countless reporters and commentators depend on it as a way of making a living.
These stories tend to run for 3-4 days and then the papers move on to something else, if you keep a low profile that is. The more she talks about it, the more the media react to it.

It was dying down, then she decided to double down and blame everyone and everything apart from herself and it has driven it right back onto the front page


Her PR guy should be sacked on the spot.



The interview was simple yesterday, come inapologize. Say you got bad legal advice. Claim is cancelled. Walk about


All finished......

McDermotX

Listening to this interview now........disgraceful carry on.

Typical chancer. Out the door.

Shefwedfan

Peatys wrote: »

You could probably rewrite that to, 12% believe she can do no wrong. Sickening how these people keep getting elected. Is it any wonder how shocked she is that she even has to account for herself bar telling us she's a working mother and a symbol of decent hard working families across the country?

She and her ilk have been surrounded by yes men all their lives. Her walls are going to come crashing down this week when she meets Leo. (Judging on the distancing moves from her ex buddies over the weekend)

How do I put this.....lets just say the IQ level of 98FM listeners would not be that high.....

SEANoftheDEAD

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.

Until that faith is officially sealed, then the public need to keep the pressure on this story and keep demanding answers.

The list of crisis's in this country under FG are starting to stack up with the insurance one beginning to break now (Fort Lucan, small businesses and festivals closures etc).

FG would give anything for this story to go away and are banking on the public having symphony for Maria Bailey - Hopefully this does not happen. She is not the victim here. She is a snake who has been caught out on her lies and as it stands, she still has her well paid career in government and hasn't seen the wrong in what she tried to do to The Dean Hotel.

Sir Oxman

ToBeFrank123 wrote: »

Personally I think she has suffered enough and its time to move on. As a people I think we are better than kicking someone when they are down. She should keep a low profile, see out the rest of her Dail term and then decide if public life is for her.
Its not just the internet that scents blood, the newspapers are far worse and once they get hold of a story, countless reporters and commentators depend on it as a way of making a living.
These stories tend to run for 3-4 days and then the papers move on to something else, if you keep a low profile that is. The more she talks about it, the more the media react to it.

No.
The courts should decide if she needs to be pursued for what looks like, walks like and smells like a fraudulent injury claim.
The country is absolutely plagued by such cases and it costs everyone in the end.


The fact she holds a seat in the parliament of the country is why she is being exposed left, right and centre.


Typical Irish response, "ah leave her alone"
No one's at her, she's been exposed and in her ignorance is doubling down on the whole pathetic, fraudy mess.

Penn

Penn wrote: »

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).

From the original artical and also OP of this thread

Fine Gael TD Maria Bailey was holding items in both of her hands when she fell out of a swing, a hotel she is suing over the incident claims.
Ms Bailey (43) has sued the Dean Hotel in Dublin for damages of up to €60,000 over injuries she alleges she suffered to her head, back and hip.

The Dun Laoghaire TD says she fell backwards out of an indoor swing while having her photo taken during a night out with friends in 2015.

In circuit court proceedings, she accused the hotel of negligence, saying the swing was "unsupervised" and there were no signs to instruct patrons how to safely use it.

Pain

Ms Bailey claimed she can no longer sit or stand for long periods without experiencing pain or discomfort. She also said she used to run 70km a week before the fall, but has had to reduce this to less than 20km.

The hotel is denying liability, saying that if any injury was suffered, this was due to Ms Bailey's own negligence or contributory negligence.

In defence papers filed with the court, the hotel alleged she failed to use the swing in a proper manner and held items in both hands, restricting her ability to balance and preventing her from holding rope grips properly.

The indorsement of claim filed in court by Ms Bailey's solicitors makes no mention of her holding anything in her hands when she fell.

Ishmael

Penn wrote: »

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).

She didn't explain how she fell, she just kept repeating "the next thing i knew i was on the ground". She was complaining of back pain so one would assume she fell backwards. EDIT: See ^^, i was going by the radio interview

Probably time to put a hold on the internet witch hunt to see what happens.

Peatys

Shefwedfan wrote: »

The interview was simple yesterday, come inapologize. Say you got bad legal advice. Claim is cancelled.

Her main problem is that the legal advice she originally for was based on the lies in the affidavit. Once she changed that, her legal advice was to drop the case. Madigans won't let themselves be turned into ambulance chasers, so all that is still to come out.

ToBeFrank123

jon1981 wrote: »

She did herself no favours by blaming the media. The have the bit between their teeth now and won't let go.

Agreed, but the media can be pretty savage in this country. Not only have you the main reports, you then have commentators with opinions for and against. Then editorials, letters pages and so on. And each tries to outdo the other.
Bailey's legal and PR advice has been awful to say the least. The legal and PR teams come across as rank amateurs, but in a country where nepotism rules, you can be terrible at your job and still go places, particularly in Dublin Dail circles.

Sardonicat

Shefwedfan wrote: »

Sardonicat wrote: »

Yes, she said she fell backwards. Go figure the dynamics of that.

Did she?



From her "detailed" comments yesterday I took it she went forward and face splat into the floor

Have a look at the link on the OP of this thread. Her claim was she fell backwards off the swing because she wasn't supervised or instructed in its correct use. In her interview yesterday she implied she fell forwards when reaching because the seat was highly polished.

mcmoustache

ohnonotgmail wrote: »

Is it a public place? It is a hotel.

A public place is a place to which the public ordinarily has access. Like a pub or a shop which while not owned by the state or the public is still a public place to which there would be no reasonable expectation of privacy.


I had a look at the legal discussion forum regarding CCTV and from what I can gather, a lot of people are confused about the data protection act and the GDPR. According to the legal folk there, the main issues here would be prejudicing an ongoing or future legal action or defamation if the video was deceptive.

It's still not crystal clear, however, but I'm leaning in the direction of thinking that there would be no issue here.

Maybe seamus can chime in.

ToBeFrank123

Peatys wrote: »

Her main problem is that the legal advice she originally for was based on the lies in the affidavit. Once she changed that, her legal advice was to drop the case. Madigans won't let themselves be turned into ambulance chasers, so all that is still to come out.

I'm not so sure about that. It doesn't matter if she ended up in a wheelchair for life, the point is she herself slipped off the swing through her own negligence. The legal advice that she had a potential case was terrible and its one of the reasons people blame law firms for the compo culture. They are at least to blame in all this as her.

Millionaire only not

I’ll say one thing there the most stupid things I ever say in a hotel. They were lucky it was the Bailey one they got off with it
Bet they’ll be removed in short space of time .
The Madigan one needs to be sacked as well, just as bad as the Bailey one
The greed looking for 7000 but I’ll take 60k if it’s going.
She’ll come under some pressure to find bills for 7000��

super_furry

https://twitter.com/CWeston_Indo/status/1133300261550809089

It's not over baby! The Hotel are going to pursue her for their costs.

Hoboo

Millionaire only not wrote: »

I’ll say one thing there the most stupid things I ever say in a hotel. They were lucky it was the Bailey one they got off with it
Bet they’ll be removed in short space of time .
The Madigan one needs to be sacked as well, just as bad as the Bailey one
The greed looking for 7000 but I’ll take 60k if it’s going.
She’ll come under some pressure to find bills for 7000��

Completely agree. The legal rep should be hauled on front of the bar. Two fraudsters in this story.

McMurphy

jon1981 wrote: »

She did herself no favours by blaming the media. The have the bit between their teeth now and won't let go.

Not just the media, she blamed everyone for Maria Bailey's predicament except Maria Bailey.

Madigans - for advising her to pursue the claim.
The hotel - for having a polished wood swing.
The media - for reporting on the story.
Keyboard warriors - for being rightly pissed off.


What she should have done was said it happened a long time ago, I actually even forgot about it until it resurfaced, and obviously in hindsight, and with our insurance policies going through the roof and my govt saying they wanted to tackle it and a compo culture, would have called a halt to this immediately, but sadly the media picked up on it first......


We would have known it was total BS, but at least it wouldn't have had an air of superiority, arrogance and blame everyone else for my poor decision except me.

Then she could have possibly just put the head down and seen out the rest of her term in office.

Shefwedfan

She blamed the media and then had to admit that everything they released was correct.

So stupid to blame the media when they are telling the truth.

Peatys

Shefwedfan wrote: »

She blamed the media and then had to admit that everything they released was correct.

So stupid to blame the media when they are telling the truth.

Sean, but out of context Sean. Sean, you know me Sean.