BLM successfully defends Powerscourt Estate against personal injury claim

01 Jul 2016

Insurance and risk law specialists BLM has successfully defended Powerscourt Estate Limited on behalf of its insurers against a claim for damages for a fractured wrist.  The court ruled that Powerscourt Estate had not failed in the common duty of care it owed to her.

The claimant had been seeking compensation for injuries she sustained when her mother’s wheelchair went out of control on a steep slope at Powerscourt Gardens in September 2014.  Mr Justice Anthony Barr said he was satisfied clear instructions had been given by a Powerscourt receptionist to the claimant and that she had been supplied with a clear map of the gardens.

In a further development this week, the insurance team at BLM won a Court of Appeal case when Mr Justice John Edwards ruled against excessive High Court damages awarded to a claimant for injuries sustained during a car accident.  Although the judge ruled that the claimant had suffered an injury he found that the damages awarded by the High Court were disproportionate and excessive when considered against the spectrum of damages awarded by the courts in cases of personal injury.  He reduced the damages from €200,000 to €125,000

Gavin Campbell, Partner, BLM said, “ While it is right and just that a claimant is awarded damages where the court finds in their favour, it is also right and just that those damages are proportionate to the injuries incurred and that they are not excessive.”

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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Gavin Campbell

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