Contributory negligence is a term which relates to claims for personal injury compensation where more than one party is at fault. It may be that two or more motorists contributed to the cause of an accident and your subsequent injuries, or that you yourself contributed to events by your own lack of care. Contributory negligence can delay and/or reduce how much compensation you receive for your injuries and, if you have any questions about whether contributory negligence applies in your personal injury claim, you should speak with a solicitor at the earliest possible opportunity on our freephone injury claims advice service.
Friday, 17 February, 2012
A man who sustained severe head and spinal injuries after slipping on the perimeter of a recently renovated bunker has been awarded golf course injury compensation of 1.5 million dollars by a court in New Jersey.
Floyd Romyns (44) from Blairstown in New Jersey was an assistant professional golfer when the accident occurred at the Newton Country Club in Morris County in June 2006. Accompanying a group of golfers, Floyd slipped on the edge of a bunker as he prepared to play his approach shot to the fifteenth hole, fell into the bunker and struck his head against a wooden collar that had been left in the bunker following the renovation work.
Floyd suffered head and neck injuries which required multiple surgeries to repair the damage to his cervical and thoracic spine, underwent months of rehabilitation and still experiences pain from his injuries today.
Floyd made a golf injury compensation claim against All Turf Inc. of Long Valley, New Jersey – the company contracted by the Newton Country Club to renovate the bunkers – who disputed his claim, alleging that Floyd sustained his injuries due to his own lack of care.
However, a jury at the State Superior Court in Morristown, New Jersey, dismissed claims of contributory negligence and awarded Floyd 1.5 million dollars in golf course injury compensation to account for his pain and suffering, physical and emotional impairment, loss of amenity and loss of earnings.
Posted in Contributory Negligence, Neck Injury Compensation - Comments Off
Thursday, 15 December, 2011
The family of a man who suffered a fatal work accident has had the settlement of their compensation claim reduced due to the man´s contributory negligence.
Ronan Conway (27) of Kilcullen, County Wicklow, sustained his fatal injuries while working for OB Sales and Hire Limited – also of Kilcullen, County Wicklow – in November 2008. Leaving the cab of his digger to investigate something in the ground in front of him, Ronan omitted to lock the safety lever and was crushed between his digger and another vehicle working in the yard.
Ronan´s fiancée, Anne Marie Morgan (30), brought a claim for fatal work accident against his former employers, alleging that the yard in which Ronan was working was inadequately lit, but the company denied the claim and said that it was Ronan´s own negligence which had caused the accident.
In the Dublin High Court, Mr Justice John Quirke heard that the two parties had now come to an agreement over a settlement of fatal work accident compensation that took into account Ronan´s contributory negligence. The total amount once adjusted came to 550,000 Euros – a figure which Mr Justice John Quirke approved, extending his condolences to Ms Morgan and Ronan´s family.
Posted in Contributory Negligence, Wrongful Death Compensation - No Comments »
Sunday, 25 September, 2011
A man who was born with cerebral palsy is to receive a £3.3m compensation for an injury while diving into a public swimming pool.
Reece Hodder (28) from Scarborough, Western Australia, was deaf, blind and mute from birth and had a concept of danger equal to that of a twelve-year-old. In January 2006, he was attending the South Hedland Aquatic centre in Perth, Western Australia when he dived from a block positioned at the shallow end of the pool into 1.1 metres of water. The collision with the bottom of the pool left Reece completely paralysed, and whereas before the accident he was living an independent life, his quadriplegic condition now means that he requires full-time care.
Reece’s mother, Elaine, sued the Town of Port Hedland – the owners of the pool – and the YMCA who managed it, alleging that both parties were negligent in contributing to Reece’s accident. In March this year, the Port Hedland District Court heard that the Town of Port Headland council had been warned three times prior to the accident about the dangers of having permanent diving blocks at the shallow side of the pool and had been criticised for displaying inadequate warning signs.
Finding the council 90% negligent, Judge Patrick O’Neal said that “On the evidence at trial, there were organisations, public and private, offering money for improvements to the South Hedland Aquatic Centre. Despite all of this, for reasons that were never explained, (the council) repeatedly delayed about making the changes until it was literally too late.”
The judge struck out the case against the YMCA – although there had been no lifeguards on duty at the time of the accident – and announced last week that compensation for the serious personal injury claim had been agreed by the two parties at £3.3m. The award is still subject to the approval of the District Court as Reece is disabled.
Posted in Contributory Negligence - Comments Off
Saturday, 7 May, 2011
A woman, who slipped and fractured her knee cap on a Carnival cruise ship, has been awarded almost €2.3m in compensation for a slip injury on a cruise ship.
Denise Kaba from Florida was on a cruise on the Carnival Pride in August 2009, when she slipped and fell on the pool deck which had been treated with a resin that made it hard and slippery when wet.
As a result of her fall and slip, Denise suffered a fractured patella and had to undergo surgery six times to enable it to heal properly. It was also alleged in her action at the U.S. District Court that she may have to have total knee replacements in the future.
Denise’s legal representatives alleged in court that Carnival were aware of previous injuries associated with slips on the pool deck since it had been treated, yet had done nothing to make the surface safer or warn travellers of the potential dangers.
In agreeing with Denise that Carnival were liable for her injuries, U.S. District Judge Ursula Ungara awarded £1.9m in damages, consisting of more than £138,000 in past medical expenses, nearly £235,000 in future medical fees, just over £107,000 in loss of earning capacity, £126,000 for pain and suffering in the past and nearly £1.24m for future non-economic damages.
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