Parents being sued for accident during birthday party

[MOB]

Well, I thought it would be only a short time until a solicitor would jump to the defence of the so-called Legal Profession. I would probably do the same if I were a solicitor. However, Ireland's compo culture exists as a result of unscrupulous solicitors. If solicitors told potential clients with nonsense claims to get lost and cop on to themselves, there would be no compo culture.

Presumably, MOB will not agree, and that's fair enough.

I don't think I did jump to the defence of the so-called Legal Profession.

In fact, I thought that I was careful to express no opinion whatever on the various criticisms of the Legal Profession. It is not a debate I propose to enter.

I did raise what I thought was a point worth making:--it is commonplace to complain that 'somebody should do something' but it is disappointingly rare for a complainant to actually get up and be that somebody. I view it as one of our national failings.

 

[Staples]

If insurance companies properly challenged the legitimacy a few more claims rather than taking the administratively-efficent option of settling quickly, we might all be a bit better off.

That said, I think it's a bit rich for anyone in the legal profession to deny that its members (or at least some of them) don't actively encourage personal injury claims. You only have to look at the Golden Pages for evidence of that practice. It's a bit like saying that the banks didn't have a hand in excessive borrowing.

 

[MOB]

That said, I think it's a bit rich for anyone in the legal profession to deny that its members (or at least some of them) don't actively encourage personal injury claims.

I take it that this is a general observation. And again, just to be 100% clear, no such denial made in this thread; a very firm no comment.

 

[bogle]

I remember all the hullabaloo when PIAB - www.injuriesboard.ie/eng/ - was being set up.
Yes indeed, the legal profession welcomed it with open arms

 

[gabsdot]

I feel sorry for the kid whose parent's sued. She'll never get invited anywhere again.

 

[Complainer]

I once had a serviceman call to fix a dishwasher. While in the kitchen with some water from the machine on the floor he said words to the effect "you want to watch those tiles, someone could slip on them & have a claim against you". I didn't leave his sight until he left the house and would never have him back.

Don't shoot the messenger!

I suppose the moral of this is that when your kids' baby teeth fall out naturally, save them and then when someone has a party get the kid to fall over, produce the tooth as a injury and it's hello Disney Land Orlando for the summer holiday.

The modern-day tooth fairy!

My friend is very reluctant however because her sister and brother in law were sued after their child's last party because another child fell off the swing and broke her front tooth. Apparently the child's uncle is a solicitor and advised them to do this.

I presume she never drives a car either, because I've heard of car drivers being sued after an accident. And she never cycles or walks either, in case she causes an accident and gets sued. And she never picks up a knife, just in case.

She's just a fool.

 

[michaelm]

Take Spain for example, works being done on footpaths and roads are regularly left unattended and not fully protected - sheer drops semi-exposed, uprooted paving stones etc. Virtually no claims - except in extreme cases the attitude there is "well, you should watch where you're going shouldn't you?"

Spain is as you describe because of the lack of claims. We should thank genuine claimants as it is because of them that our environment is relatively safe. Fraudulent claimants should, of course, be prosecuted.

 

[Staples]

I take it that this is a general observation. And again, just to be 100% clear, no such denial made in this thread; a very firm no comment.

None needed. We're capable of drawing our own conclusions.

 

[Caveat]

Spain is as you describe because of the lack of claims. We should thank genuine claimants as it is because of them that our environment is relatively safe. Fraudulent claimants should, of course, be prosecuted.

Bit of a chicken/egg thing. I don't think Spain is particularly 'unsafe' as it happens. In comparison with this country it may appear to have a nonchalant or cavalier attitude but the sheer drops etc that I mention have always had proper signage etc and had quite obvious demarcation IME. The main contrast with here I suppose is that the opportunities for fraudulent claims are more obvious - if people were that way inclined.

 

[Bronte]

But are you going to do anything about it? If not, why not?

Fraudulent or exaggerated claims constitute theft from all of us.

but our very Irish inclination to look the other way (whatever you say, say nothing...) is in my opinion the single biggest problem in stamping out bogus claims.

.

I agree with your point on the Irish inclination to look the other way. But in Mpsox's case I personally would not interfere. I wonder why that is. Is that cowardly, is it wrong?

 

[johnd]

No fee no win is still the situation in this country, as i understands it. I think if you are suing someone then a certain amount should have to be paid up front. That would discourage those who sue for minor cuts and scraps. If the insurance companies made it clear that they would fight all questionable cases and no settling out of court would take place and solicitors cannot advertise that fact then the number of claims would drop.

Have a look at the solicitor's pages in the Golden Pages and some of them would look more at home on Wanted Posters - talk about people ending up looking like their pets...

 

[liaconn]

It seems to be a mindset with a lot of solicitors. I know of another case where a child was being bullied via nasty texts by a number of kids in her school. The parents of the bullies were called to a meeting and most of them were very upset and concerned at their children's behaviour. One guy, however, (a solicitor) was more interested in threatening to sue the school for defamation (or something) because they couldn't prove that someone else hadn't used his daughter's phone to send the bullying messages.

 

[Staples]

It seems to be a mindset with a lot of solicitors. I know of another case where a child was being bullied via nasty texts by a number of kids in her school. The parents of the bullies were called to a meeting and most of them were very upset and concerned at their children's behaviour. One guy, however, (a solicitor) was more interested in threatening to sue the school for defamation (or something) because they couldn't prove that someone else hadn't used his daughter's phone to send the bullying messages.

In fairness, you don't have to be a solicitor to be that belligerent.

Within the legal profession, as with all professions, there exists a range of competences. With respect to those involved, I wouldn't regard conveyancing or personal injury claims as being at the high end of the profession and don't regard the skills or competencies needed to make a living from these services as being particularly challenging.

There's certainly a need to distinguish between the ambulance chasers advertised inthe Golden Pages and those who might offer a more rounded version of legal advice.

 

[liaconn]

In fairness, you don't have to be a solicitor to be that belligerent.

No, but in my experience a lot of legal people start immediately looking at the legal side of a personal situation they find themselves in, instead of using common sense. Accidents happen, it doesn't always have to be someone's 'fault'. If your child is accused of something, your first concern should be the child, not the legal loopholes and scoring points.

 

[indebtedgal]

A friend of mine's daughter will be 7 in a couple of weeks and is dying to have a party. My friend is very reluctant however because her sister and brother in law were sued after their child's last party because another child fell off the swing and broke her front tooth. Apparently the child's uncle is a solicitor and advised them to do this.

Following on all the talk of people looking for someone to take a case against if the slipped on last week's ice this just makes me think the whole compensation culture here has gone absolutely mad and people with a legal background are often the worst culprits.

I know someone else who is a doctor but stays very quiet if she's out and someone needs medical attention for fear of ending up being sued.

I haven't read all the posts but would just like to say the parents of this child ( the one that fell off the swing) should be ashamed of themselves. What an example to give to their child. I am actually shaking with temper reading it. As a mother of 2 i am amazed at that. I wonder how many more birthday parties this child will be invited to...Ahhhhh.. NONE. My god, I am stuck for words. Please pass on to this family that are being sued my sympathy, and if anyone knows the parents that are suing. May they not have a minutes luck.

 

[Brianne]

In order to tackle what is basically dishonesty and theft which reduces the amount payable to genuine claimants and gives everyone involved a bad name,we have to act. Talk is cheap but people who commit fraud are guilty of crime. Here's what you do.
The link should take you to the site of the Irish Insurance Federation which has a page dealing with fraud.
[broken link removed]

 

[Bazoo]

In fairness, you don't have to be a solicitor to be that belligerent.

Within the legal profession, as with all professions, there exists a range of competences. With respect to those involved, I wouldn't regard conveyancing or personal injury claims as being at the high end of the profession and don't regard the skills or competencies needed to make a living from these services as being particularly challenging.

What (if anything) are you basing this opinion on?

 

[Latrade]

In order to tackle what is basically dishonesty and theft which reduces the amount payable to genuine claimants and gives everyone involved a bad name,we have to act. Talk is cheap but people who commit fraud are guilty of crime. Here's what you do.
The link should take you to the site of the Irish Insurance Federation which has a page dealing with fraud.
[broken link removed]

The IIF basically give up, even with obvious and proven false claims. The Gardai don't take action and the judges don't take action (such as award costs etc for defending false claims). In effect there is no disincentive to not bring a false/exaggerated claim other than the moral argument and the costs to society.

I've had a couple of direct experiences with false claims, I remember on one occasion we (the employer) had not only witnesses proving it wasn't our fault, but even a representative from the actual person who was at fault stating the claimant had named the wrong party. We still lost and had to pay €30K compensation (for a twisted ankle). Our legal bill was €250,000.

We eventually won on appeal, but still had to cover our own costs for the original and the appeal.

 

[MOB]

We still lost and had to pay €30K compensation (for a twisted ankle). Our legal bill was €250,000.

We eventually won on appeal, but still had to cover our own costs for the original and the appeal.

These figures seem ridiculous. Did you mean to say €25,000 for legal costs?