Archive for June, 2012

Faulty Shop Display Injury Girl Receives Compensation

Posted on: June 22nd, 2012

An 11-year-old girl, who badly cut her leg on a stand displaying some cakes in Dunnes Stores, has had her settlement of compensation for faulty shop display injury approved at the Circuit Civil Court in Dublin.

The court heard how Jade Earls had been shopping in the Cornelscourt branch of Dunnes Stores in Dublin on July 16, 2010. As she passed by a stand displaying cakes, Jade caught her leg on rusty nails exposed on a some wood which was hanging down from the display.

Judge Alan Mahon was told that Jade sustained a ten centimetre abrasion and a four centimetre laceration which – although it had healed – resulted in a permanent scar on her left leg. Through her mother – Fidelma – Jade made a compesation claim for faulty shop display injury compensation against Dunnes Stores and the company responsible for the cake display stand – ABF Grain products of Grosvenor Street, London.

The judge was also advised that Dunnes Stores and ABF Grain Products had admitted liability for Jade´s injury on a 60/40 basis, and that an offer of compensation for faulty shop injury amounting to 12,000 Euros plus legal expenses had been made, which the family were willing to accept.

BT Applies Limits to BT Employees´ Claims for Hearing Injury Compensation

Posted on: June 9th, 2012

BT has announced that – in accordance with the Statute of Limitations – the company will be applying limits to BT employees´ claims for hearing injury compensation with effect from 1st January 2013.

The announcement reverses the policy made subsequent to the Watkins v British Telecommunications court case in August 2010, in which the company admitted that it had exposed former engineers to excessive levels of noise likely to cause injury by supplying them with unsafe oscillating and amplifying equipment to trace, install and repair BT telephone lines.

At the time of the court case, BT said that it would allow all future BT employees´ claims for hearing injury compensation without time limitation where the engineer had been provided with green and unmodified yellow testing sets. This original policy decision paved the way for many former employees who had suffered a loss of hearing to recover compensation from injuries suffered as far back as the 1960s.

Currently, BT employees and former employees who have been diagnosed with a hearing injury attributable to the company´s negligence are able to settle their BT employees´ claims for hearing injury compensation out of court irrespective of when their injury was diagnosed – with most claims being resolved for between 5,000 pounds and 20,000 pounds.

However, from January 2013, BT intends to apply a three-year time limit on BT employees´ claims for hearing injury compensation from the date on which a BT employee or former BT employee is diagnosed with hearing loss problem; after which time, should a period of more than three years elapse between the diagnosis of an injury and the receipt of a hearing injury claim, the company will challenge their liability for the injury.

Although the announcement will make little difference to current and former BT employees who recently have been diagnosed with a hearing injury due to using the green and unmodified yellow testing sets, the Communication Workers Union (CWU) has advised any BT employee or former employee who is suffering from a hearing injury to seek legal advice at the first possible opportunity.

Please note: Not all BT employees´ claims for hearing injury compensation are settled out of court. In January 2012, a BT employee´s hearing injury claim was heard in Cardiff County Court (Dew v British Telecommunications) after BT disputed the former employee´s claim which included the cost of a privately supplied hearing aid. The judge upheld the claim and the former BT employee received a total of 19,372 pounds in settlement of his BT employee´s claim for hearing injury compensation.