The term “whiplash” was first used in 1928 when describing the effects of sudden acceleration-deceleration forces in motor accidents which resulted in injuries to the cervical spine. Before that, the syndrome of “railway spine” was diagnosed in persons injured in train accidents. The risk factors for poor recovery following whiplash injury in a road traffic […]
Legal Liability for Fallen Trees Continues to be Uncertain
There has been an increase in the number of personal injury claims arising from fallen trees and dangerously protruding branches. The law of nuisance states that the owner of a tree is not liable for damage caused by the tree provided they did not know that the tree was dangerous or could not have discovered […]
Non-Freezing Cold Injuries (NFCI) Continue to affect Irish Soldiers
Non-Freezing cold injuries (NFCI) is a condition caused by body tissue being subjected to prolonged cooling temperatures which are above freezing. There are two types of NFCI’s, chilblains and trench foot. NFCI is commonly associated with soldiers who often develop this injury through training or deployment. There has been considerable litigation in the UK by […]
Bad Weather – Legal Duty on Businesses, Homeowners & Local Authorities Explained
The recent spell of bad weather may lead to Court Claims for compensation from people injured by slipping and falling on icy footpaths, untreated roads and car parks. Businesses and homeowners need to be aware of their legal duty to take all reasonable steps to ensure the safety of their customers and visitors on to […]
HOW SPANISH ROAD ACCIDENT CLAIMS CAN BE TAKEN IN IRELAND
For Irish Residents, being involved in a road traffic accident in Spain can be a very stressful time. Not only do you have to deal with the language barrier, it is also hard to find out what your legal entitlements to compensation are and how to claim compensation for injuries sustained. Many people do […]
French Motor Accident Claims can be pursued in Ireland
Under French law the driver of a motor vehicle is responsible for his faults. The victim other than drivers (eg., passengers, pedestrians, bicyclists) are covered by the insurance of the driver – or failing that, by the FGAO (French Motor Insurance Bureau). Moloney Solicitors continue to act for victims of accidents while travelling in France. […]
New Data Protection Regulations (GDPR) will help Accident Victims
The new General Data Protection Regulations (GDPR) will come into force on 25th May 2018. It will repeal and replace the Irish Data Protection Act 1988 and the 1996 EU Data Protection Directive. Where personal injury claims arise the new GDPR provisions will impact on CCTV footage, taking photographs, medical records, tracking devices in vehicles […]
Claiming Compensation for Food Poisoning While On Holidays
Unfortunately gastric illnesses can occur when holidaymakers consume food and drink in hotels or restaurants of unsatisfactory quality. Food that is contaminated with bacteria in sufficient quantities to cause illness is not “fit for purpose” or of “satisfactory quality” and therefore a victim can take an injury compensation claim under the provisions of the Package […]
How to claim compensation for a Cruise Ship Accident
With the increase in popularity of the number of passengers booking cruises there has also been a substantial increase in the number of passengers injured through slips, trips, falls and gastric illnesses at sea. Personal Injury claims must be brought under the provisions of the Athens Convention ( 1974) .The Convention entered into force in […]
How to claim compensation for an Airline Accident
Most air passengers thankfully only ever have a reason to consider the terms of the Montreal Convention when their baggage has been lost during a flight. However, the Montreal Convention also governs claims for injuries sustained during international carriage. The Montreal Convention was signed at Warsaw on the 12th October 1929. This was the first […]
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