The personal injuries litigation department at HOC Solicitors noted with interest a recent decision of the High Court to reduce an award for personal injuries compensation from €80,000 to €27,000.  In a slightly unusual set of circumstances the High Court reduced the award on the basis the Plaintiff was two-thirds responsible for the incident and the injuries suffered. The President of the High Court said that Ms O’ Malley had suffered a nasty injury but blame must be attached to her because she had negotiated the stairs on which she fell at least once before the incident.

The plaintiff suffered a nasty injury to her ankle when she fell on a floating restaurant in Dublin’s Grand Canal. After the fall the plaintiff was taken to hospital where a plate and steel screws were inserted into her leg. As a result of the incident evidence was given that she could no longer participate in impact sports and was restricted from diving and skiing.

As with any Personal Injuries action the issue of liability is the central issue. Where liability is in issue there is no guarantee for a Plaintiff that they will be successful in being awarded compensation for injuries. It is important therefore for any potential claimant to seek advice from a personal injury law firm who have experience dealing with accidents and injuries cases.

By Maurice O’Connor Personal Injuries Solicitor