Inesa was looking forward to shopping in Dundrum Shopping Centre. She took the Luas out from the city centre. She got off at Balally Luas station. This is a new Luas station which was built approximately 15 years ago. She started walking up the steps. Suddenly, she missed one of the steps, tripped and fell forward. Inesa reached out, but there was no railing on the right side of the steps. She fell onto her left hand and fractured the top of her left small finger.
Inesa came to Griffin Solicitors looking for help and advice. Initially it seemed that this was a new, purpose built Luas station and that there would be no claim if it was built in accordance with modern building practice.
However, Griffin Solicitors asked a firm of forensic engineers to examine the flight of steps at the Luas station. It turned out that one of the steps was 16mm higher than the rest of the steps. This was sufficient to cause a misplaced step, trip and forward fall. Good building practice is that all steps should be the same height. This was bad builing practice.
Griffin Solicitors made an application to the Injuries Board but it was rejected. Court proceedings were started in the Circuit Court. The case was listed for hearing in June 2019. In April, the defendants contacted the solicitors and the case was successfully settled outside of court for €22,000. The client was happy with the settlement.
The above story is true. However, the names of the people involved and the locations have been changed to protect their privacy.
Find out if you can make a claim.
The Law Society Gazette Explains: This story by Neal Horgan outlines the principles in establishing the standard of care to be applied in personal injuries proceedings taken under the Package Holidays and Travel Trade Act 1995. Click here for the full story. ...
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