PI case against Blackrock Market - no appearance by the defendant

coylemj

This is not a rant about ambulance chasers or false and exaggerated personal injury (PI) claims.

It's about a prominent business on the southside not bothering to put in an appearance or defence when sued for PI by an employee.

A cleaner lady employed in the Blackrock Market slipped on a wet stairs and was awarded €105,000 in the High Court yesterday (Nov. 27th). The stairs was exposed to the elements and was wet from recent rain i.e. not from her bucket and mop!

Remarkably, the defendant put in no defence and was not represented ......

The damages were awarded against businessman Nicholas Roche, owner of Blackrock Market, Main Street, Blackrock, Dublin. He did not attend court for the hearing and judgment was obtained in default of appearance.

Ms Justice Murphy said she was satisfied Mr Roche had been served with notice of the proceedings and also granted costs against him.

https://www.irishtimes.com/news/crime-and-law/courts/high-court/cleaner-who-broke-arm-in-blackrock-market-awarded-105-000-1.4098442

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So to get this right. The stairs were outside, it rained, the cleaning lady slipped and it was all the owners fault....a world gone mad!

Normally the defendant would be the insurance company, not the actual owner.

coylemj

Aegir wrote: »

Normally the defendant would be the insurance company, not the actual owner.

+1 the fact that the case was not defended would strongly suggest that the owner had no insurance.

Patrick2010

How was it the owners fault it rained and the steps got wet?, what should he have done? Have a walk around town and look at all the outside steps in shops and offices exposed to the rain.

Tabnabs

I have had dealings with the owner and know him reasonably well. A big ego and notions of grandeur. Very much the black sheep of the Roche family and clearly didn't benefit to any significant degree to the winding up of the family empire. Nic is not someone I'd lose any sleep over.

markpb

Patrick2010 wrote: »

How was it the owners fault it rained and the steps got wet?, what should he have done? Have a walk around town and look at all the outside steps in shops and offices exposed to the rain.

I'm not familiar with Blackrock markets so this could be completely wrong but maybe there's no handrail, maybe the material used on the steps isn't suitable for outdoor use in a wet climate, maybe the steps are in a bad state of repair, maybe the cleaner had to use both hands to carry equipment down the steps and couldn't hold on, maybe the steps don't have the required mid-flight landing to break a fall.

Maybe the judge in the case has more facts than a random person posting online?

strandroad

Patrick2010 wrote: »

How was it the owners fault it rained and the steps got wet?, what should he have done? Have a walk around town and look at all the outside steps in shops and offices exposed to the rain.

I'm not familiar with the steps in question but overall Blackrock Market looks like it was put together with plywood and spit so I'd expect the steps to be of similar quality. It's unfortunate because the location and the idea is great but the execution fails miserably.

Spanish Eyes

When a claimant goes to a solicitor about such issues, will they have to pay up front, or pay if they win, or pay costs if the don't?

Seems easy enough to engage legal advice at little or no cost now upfront.

But I am probably the innocent party here and really, I just wondered.

Larbre34

She'll never see a cent of it.

Chinasea

Larbre34 wrote: »

She'll never see a cent of it.

Why so?