Judgement day for Maria Bailey.

tmabr

Ah let’s resurrect this for the craic.

2 women(who knew each other) have just had their cases for 60k injuries for falling off a child’s swing in Tipperary thrown out by the judge.

common sense at last. 2 separate incidents same swing known to each other. Absolute chancers.

judge said that they should know better and dismissed the case.

brilliant

2011

https://www.boards.ie/discussion/comment/118018906#Comment_118018906

For me it is only "brilliant" if they are prosecuted for attempted fraud and if costs were awarded against them.

L1011

Costs were awarded against them, not that they'll ever be paid. Judge made an oblique reference to this case by mentioning swings in nightclubs!

Muahahaha

There was a Dublin based solicitor arrested yesterday in connection with 30 different cases of insurance fraud. She was working with a doctor in the UK who was issuing fake medical reports which would then be submitted to the Injuries Board.

Snickers Man

https://www.boards.ie/discussion/comment/118018906#Comment_118018906

Good on ya Judge Twomey! About time somebody said: "I am NOT going to be nice to people who get injured, partly at least because of their own stupidity, if it means being nasty to everyone else. Such as children who might like to enjoy a local playground!"

Read all about it in the Irish Times today https://www.irishtimes.com/news/crime-and-law/courts/high-court/two-women-injured-while-getting-off-child-s-swing-in-separate-incidents-lose-damages-claim-1.4700422

Some salient quotes:

'The injuries were caused by two adults deciding to use equipment not designed for adult use and “common sense” would tell any adult they should not use a swing designed for use by children, he said.

In dismissing both cases, he voiced concern about the “chilling” effect of such litigation, even when unsuccessful, for the provision of play facilities for children and the freedoms of all citizens.'

Hear Hear to that!!

Sometimes the 'victims' deserve to be blamed. Like, when it's their own stupid faults!!!!

blanch152

https://www.boards.ie/discussion/comment/118020421#Comment_118020421

One of the women was on Liveline today - trying to justify it.

Kathnora

Susan was on Liveline to explain her side of the story. While I totally agree with the judgement in this case it was interesting to hear her side of it. She thought it was okay to sit on the swing with a child to support the child as I think she said he was a bit afraid on his own (something to that effect). I would say that if the child was too nervous to use the swing on his own or too young for such a "bird's nest" swing as it was described then the child should not have been using it. Susan said that an engineer's report stated that the swing should be lifted another foot off the ground for safety and to avoid accidents. But ....what about the fact that if that were done the swing would be too high for some children and they could fall out of it and injure themselves? I blame the engineer for such a report. He must have been judging the height of the swing from an adult's perspective yet the swing was designed for use by young children! Susan was awarded €23,000 by a lower court (I think) but the Council rejected her claim so she took it to a higher court. Susan said she would have been happy to accept that amount. She had the advice of a barrister to go to a higher court and the barrister has also informed her that she has grounds for appeal. Good advice? I don't think so and I'm no barrister! Susan stated that she sat on the swing without thinking too much about it (she was simply helping the child she was minding at the time) and she doesn't agree that adults should use children's play equipment in playgrounds. That's fair enough.

I think this is a case where everything wasn't thought through. Susan appeared to have good motives for her case. She didn't want an accident to happen to anyone else and she wanted to send a message to the County Council and so on. She was also unable to work for a good few weeks after her accident. The fact that the other lady Sarah (whom she met at the court and apparently has no friendship with) was taking a similar case to the court probably helped to convince her that she was doing the right thing. From listening to Susan today I don't think she was out for as much as she could get (unlike some!) ... I didn't get that impression anyway. I think she was badly advised (and yes I do think some barristers like to line their own pockets!) When you think about it rationally playgrounds are for children, not adults. I'm nearly sure (and stand corrected if I'm wrong) that there were signs in the playground to that effect. Perhaps additional signs warning adults NOT to accompany children on the equipment need to be erected? There are times when people need to think these things through for them selves and perhaps not be swayed by engineers and barristers. It's called common sense.

beakerjoe

I think we all know playground equipment is for children and not adults and any adults using them with their children should be aware that its not designed for them no matter what her intention.

Sounds like common sense prevailed.

ohnonotgmail

https://www.boards.ie/discussion/comment/118024733#Comment_118024733

what message did she think she was sending to the council?

beakerjoe

https://www.boards.ie/discussion/comment/118025301#Comment_118025301

Dont make swings for kids in case adults get on them? 🤣

Andrea B.

https://www.boards.ie/discussion/comment/118024780#Comment_118024780

Agreed. The clue is in title of facility. CHILDREN's Playground.

Akin to sueing for getting stuck in a BABY chair.

blanch152

https://www.boards.ie/discussion/comment/118024733#Comment_118024733

I heard the interview too, and I was not convinced by her at all. She never thought it would go to court and she is rightly mortified that she has become a pariah in the community. She didn't just sue the council, she sued the ordinary Joe Soaps that sit on the committee running the private not-for-profit playground. The council stepped in as they would have ended up bankrupted by her stupid claim.

McMurphy

https://www.boards.ie/discussion/comment/118090591#Comment_118090591

Sounds remarkably like Maria's case so, she never thought it would go to court either, and has become a bit of a political pariah/laughing stock.

Dav010

Defendants, or their insurers were just supposed to pay up irrespective of how stupid and self contributory the actions of the Plaintiffs are? Thank God they stood up to these charlatans and they were named/shamed.

Brucie Bonus

https://www.boards.ie/discussion/comment/118090745#Comment_118090745

Insurers have a tough time paying up when the claim is legitimate.

JP Liz V1

..

https://www.independent.ie/irish-news/swing-gate-maria-bailey-loses-four-year-privacy-battle-over-reports-on-compensation-linked-to-fall-from-unsupervised-swing/a604896742.html

Dav010

That’s the icing on that stupid cake. What a moron.

Blut2

Hopefully it cost her a fortune in legal fees. The fact she pursued that case shows she learnt absolutely no humility from the whole experience.

Ted222

Four years for the DPC to issue a ruling. Jesus wept.

Cluedo Monopoly

The big eejit. Were Madigan solicitors involved I wonder?

Oxo Moran

https://www.boards.ie/discussion/comment/122293550#Comment_122293550

I would imagine all concerned thought this would have been a nice quiet few grand.

dasdog

The sense of self entitlement - doubt Madigan's would go near here after the last episode. Terrible people.

John_Rambo

For someone who seems to want all of this to just go away she seems determined to keep it in the media and trying to make money off it.

Jesus, the interview with Sean O'Rourke. I'm re-remembering it.

Edit… I'm listening to it again.

youtube.com/watch?v=4uGBRN5bUkU

hoodie6029

’But…but…but…I’m right!!’
People like that just don’t know when to quit. Everyone is wrong but them. The fact that someone so immature even got selected to run as a TD is shocking.

https://www.boards.ie/discussion/comment/122295567#Comment_122295567

Brian Cowan must have been delighted when he heard this, finally a radio interview worst than his infamous one!

mikemac2

Humanity has been crossed!

John_Rambo

https://www.boards.ie/discussion/comment/122296096#Comment_122296096

I know! Of all the crisis we've been through in Ireland, this is the point where humanity has been crossed.

CollyFlower

I'd forgotten all about this case. Still have to laugh when I read this.... "Ms Bailey’s lawsuit included a claim that the hotel was liable for the accident because the swing was “unsupervised" 🤣