Things that make you go What the F**k?

Started by The Real Laoislad, November 19, 2007, 05:54:25 PM

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johnnycool

Quote from: RedHand88 on May 25, 2019, 10:51:17 AM
Sure exercise helps with the pain  ::)

The Westmeath hurlers physio may be needing private work shortly and he'll surely sort her out in good time..

Ethan Tremblay

I lol'd at the part "She alleges the hotel was negligent because the swing was "unsupervised" and there were no signs to instruct patrons how to use it safely."

If she doesn't know who to use a swing, its her parents she should be suing. 
I tend to think of myself as a one man wolfpack...

Franko

#5462
Quote from: brokencrossbar1 on May 24, 2019, 12:40:36 PM
Quote from: Rudi on May 24, 2019, 12:04:53 PM
Maria Bailey FG Politics. 60k for falling off an unsupervised swing whilist holding items in both her hands. Insurance costs are soaring, small businesses are failing due to these exorbitant insurance costs, yet someone who should be seen as a role model is making a claim like this. Sense of entitlement from this yoke is disgusting.

First things first,  we do not know the full extent of why she is taking her case so to make assumptions about the whole case on a single excerpt from the proceedings is wrong.  We don't know how she fell and we do not know the extent of her injuries and there is political capital being made out of this without full facts.

Secondly she is not claiming for €60k and this is a f**king real bug bear of mine.  She has issued her case in the Circuit Court which has a range from €15k to €60k.  Even at the best case scenario most cases that are issued within this bracket settle or are awarded in the €15-30k mark.  There is an agenda being driven at the minute that there are exorbitant damages being paid out but that is categorically wrong.  The damages being paid out are generally in line with the Book of Quantum that was drafted by the Government and therefore the legal profession are simply following what the industry standard in the country has been for years! 

Thirdly, I work as a litigation solicitor in Personal Injury.  I can count on 2 hands the amount of what would be deemed fraudulent cases I have seen in my whole career.  I have dealt with hundreds, maybe thousands of cases.  My professional colleagues would have the same experience.  It would seem, if the insurance industry are to be believed, through their Blue Shirt media mouthpiece The Independent, that every second case that is being litigated on is fraud.  It is not.  The integrity of the legal profession is being undermined constantly without any real cogent evidence to back it up. 

Fourthly,  the amount of claims per head of capita are actually reducing!  The Injuries Board released figures last year which showed that the amount of claims are reducing in comparison to how many people live in the country.  The amount of claims has increased but as a stand alone statistic that does not allow for the increase in the population over the last 20 years,  it has increased by over 1m.  Also, we hve a much more affluent country therefore the amount of cars on the road have increased significantly which obviously has a knock on effect of more road traffic accidents.  Thirdly,  with the building boom and economic boom in general with more factories etc in teh country, there has been a significant increase in work place accidents.  These types of factors are never thrown out whenever people discuss the idea of the 'claim culture'.

Finally the insurance companies are complicit in the whole issue of carteling and price fixing.

https://www.irishexaminer.com/ireland/price-fixing-probe-into-motor-insurance-companies-454045.html

https://www.independent.ie/business/personal-finance/latest-news/insurance-pricefix-inquiries-set-to-drag-on-37866267.html

It is not inconsequential that there is a serious blame game being driven against the Legal profession to deflect from the fact that the insurance companies have been ripping us off to our faces for years.  A simple example is the question of the soft play areas that have had difficulty getting insurance and had to get together and go to England.  In the last 5 years they have paid,  as a group, to Irish insurance companies a total of €5m in premiums,  increasing on a year by year basis.  During that time the total amount of compensation paid out to all plaintiffs for accidents in these soft play areas was just over €200k....that does not compute in my book. 

Don't believe all you read about insurance fraud etc.  It is part of an industry deflection to cover up their own sneaky and underhand behaviour for years.

You haven't taken into account the increase in H&S requirements put on businesses in the past 20 years.  You say that the claims per capita has decreased but you have to consider this against a backdrop of a huge increase in the precautions that have been taken in order to prevent accidents.  A building site today is unrecognisable when compared to one 20 years ago.  The fact that the number of claims are still managing to increase can only be down to people (maybe lawyers?) getting ever more inventive in the things that they think they claim for. e.g. an adult falling off a swing in a bar because it was unsupervised and didn't have any operating instructions...

Baile Brigín 2

Quote from: Ethan Tremblay on May 27, 2019, 04:37:09 PM
I lol'd at the part "She alleges the hotel was negligent because the swing was "unsupervised" and there were no signs to instruct patrons how to use it safely."

If she doesn't know who to use a swing, its her parents she should be suing.
Well we know her father is an idiot.

johnnycool

Quote from: Baile Brigín 2 on May 29, 2019, 01:02:00 PM
Quote from: Ethan Tremblay on May 27, 2019, 04:37:09 PM
I lol'd at the part "She alleges the hotel was negligent because the swing was "unsupervised" and there were no signs to instruct patrons how to use it safely."

If she doesn't know who to use a swing, its her parents she should be suing.
Well we know her father is an idiot.

He was no idiot, he is/was a devious hoor in his time with Dublin GAA.

Baile Brigín 2

Quote from: johnnycool on May 29, 2019, 03:43:23 PM
Quote from: Baile Brigín 2 on May 29, 2019, 01:02:00 PM
Quote from: Ethan Tremblay on May 27, 2019, 04:37:09 PM
I lol'd at the part "She alleges the hotel was negligent because the swing was "unsupervised" and there were no signs to instruct patrons how to use it safely."

If she doesn't know who to use a swing, its her parents she should be suing.
Well we know her father is an idiot.

He was no idiot, he is/was a devious hoor in his time with Dublin GAA.
Disagree. He may have thought he was or given that impression, but he is/was an idiot.

Name one positive from his time?

johnnycool

Quote from: Baile Brigín 2 on May 29, 2019, 03:55:50 PM
Quote from: johnnycool on May 29, 2019, 03:43:23 PM
Quote from: Baile Brigín 2 on May 29, 2019, 01:02:00 PM
Quote from: Ethan Tremblay on May 27, 2019, 04:37:09 PM
I lol'd at the part "She alleges the hotel was negligent because the swing was "unsupervised" and there were no signs to instruct patrons how to use it safely."

If she doesn't know who to use a swing, its her parents she should be suing.
Well we know her father is an idiot.

He was no idiot, he is/was a devious hoor in his time with Dublin GAA.
Disagree. He may have thought he was or given that impression, but he is/was an idiot.

Name one positive from his time?

None for Dublin GAA, but plenty of personal positives in progressing his political aims.

Baile Brigín 2


TabClear



Lar Naparka

#5470
Quote from: brokencrossbar1 on May 24, 2019, 01:36:57 PM
Quote from: five points on May 24, 2019, 01:30:59 PM
Quote from: brokencrossbar1 on May 24, 2019, 01:19:20 PM

This would be a statement that would make up part of the statements of negligence and would be one of maybe 15-16 statements.  The barrister would draft it and it would generally be a catch all type statement to ensure that no possible cause is left out.  What I would like to know is why have the rest of the statements not been released.....maybe because they are not so newsworthy and 'shocking'?  People are being played...

Still risible and still deserving of nothing but contempt. She's a TD for heaven's sake.

On the specific point I would agree with you but on the general issue of media reporting of PI claims I have serious issues about the cherry picking of the facts
I didn't bother getting involved in this thread until now. TBH, I felt a bit sorry for Ms. Bailey in one way- she was just the wrong person the wrong place at the wrong time. Loads of others have been doing this for years and I mean pushing frivolous injuries as a reason for exorbitant awards is nothing new.
I have had enough direct, personal experience of damage claims as a plaintiff, defendant and witness to stand over what I am saying. Can't help feeling legal arguments don't count for as much as the choice of judge and the time of day does. Judges have their peculiarities and the outcome of any case can depend on the present disposition of the buck on the bench.
Two recent claims put me in this state  of mind.


It was reported in yesterday's papers that a case brought by a couple was thrown out by a judge in Limerick Circuit Court. The pair claimed compensation for personal injuries and car damage when another driver tipped their car in a shopping car park. (That's the condensed version.) Sean O'Donnabhain, the judge, having viewed cctv footage, said the impact was so minor that neither the car nor the couple could have suffered any damage. He dismissed their claims and awarded costs to the insurance company defending the case.
Can't help feeling that I wish we had more like him and that he saw the case for what it was- fraud by any name one cares to mention.
However, there was  another recent case that comes to mind, where I wish Sean O'Donnabhain was hearing it. A woman brought a claim for substantial damages against Dunnes Stores.
It seems she was shopping in one of the stores and managed to fall into an open top freezer!
She wanted a portion of Donegal Catch but the problem was that the only ones left were at the back of the display fridge and her arms were too short to reach in and retrieve what she wanted.
So she overreached and fell in!
(Dunno how she managed to do that but that's what she claimed anyway.) Fact is she won her claim and was awarded substantial damages. JUdge reckoned Dunnes should have notices warning people not to overreach for anything but to seek out store personnel instead. (FFS!)
What do both of those cases and Maria Bailey's have in common?
IMO, all plaintiffs took legal advice before pursuing their respective cases but all wound up with greatly varying results.
It's improbable any any of those three, or tens of thousands of others, pursue personal injury claims unless they are assured that they have a very good chance of succeeding. Chances are that they handed over their money, VAT included, before their cases were called so win, lose or draw, those who decide if a case goes forward or not are the only ones likely to win.
In short, Bailey deserves all the flak she's getting but nothing is said about the whoever advised her to present her claim and probably assured her she'd be on a winner.
Nil Carborundum Illegitemi

gallsman

Lar, there is LOTS being said about the legal advice she received. It has been widely speculated and discussed that it was Josepha Madigan with her on the night in question and who provided her advice on how to proceed.

screenexile

WTF is this guff???

https://www.facebook.com/470501739724875/posts/2036277646480602?s=61411625&v=e&sfns=mo

I know Tyronies are always a bit behind Derry but is this their answer to Derry Girls??

Jesus wept!!

armaghniac

If Madigan gave her legal advice then she didn't do a great job given the claim about not being able to run when she had been in a race a week later.
No doubt she brings similar qualities as a  minister.
If at first you don't succeed, then goto Plan B

Godsown

New program on BBC. " No place like Tyrone". first 5 mins. Biggest pile of shite I have seen in years