Residents of Direct Provision centres in Ireland do not have the choice when it comes to social distancing within their own accommodations. Unfortunately, a number of residents have contracted COVID–19 and whether these residents could take legal actions against Ireland, the Attorney General and the Department of Justice for negligence and breach of duty is a question that many such residents may be seeking answers to very soon.
Possible grounds of negligence and breach of duty
Claimants may sue the State alleging negligence and breaches of duty owed to them for the following failures by the State and its Agents:
- Failure by the Department of Justice and accommodation providers to exercise reasonable care to protect them against infection and injury
- Failure to have regard to the risks of COVID–19 infection in their accommodation centres
- Failure to have regard to the risk of transmission and spread of COVID–19 infection
- Failure to screen and monitor residents while in their accommodation centres for COVID–19
- Failure to adopt measures to protect residents from COVID–19 infection
- Failure to provide protective masks and other PPE to residents and staff of accommodation centres
- Failure to suspect COVID–19 infection and/or the spread of same
- Failure to warn residents of Provision Centres of the risk of COVID–19
- Failure to have in place adequate protocols for the detection of COVID–19 infection
- Failure to refer residents for medical examination and/or advice when they exhibited symptoms of COVID–19
These are just some of the potential grounds of negligence and breach of duty that residents who have contracted COVID–19 in accommodation centres may allege against the Department of Justice.
Our Managing Partner Liam Moloney Solicitor is an expert in negligently acquired occupational disease infections. He works regularly with infection control experts and has successfully recovered compensation for workers who have negligently acquired harmful infections during the course of their employment.
If any of these issues affect you and you wish to seek legal advice about your rights to pursue legal action, please contact Liam today at liammoloney@moloneysolicitors.ie or simply call the office on 045 – 898000.
