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Archive for the ‘injury claims’ Category

Children’s Halloween Face Paints Could Be Dangerous

The Irish Medicines Board has warned parents to be aware of the danger posed by the contents of some children’s face paints when purchasing them this Halloween.

High levels of lead have been found in some brands of children’s cosmetics in the last number of years. Parents have been advised by the IMB to review the ingredients of each pack of face paints.

The IMB have warned that exposure to lead remains a risk which if excessive can result in toxic effects such as hyper activity and impulsive or aggressive behaviour.

Parents have been warned that if a product raises any suspicions, i.e. –

  • If it doesn’t include an EU manufacturing or distribution address,
  • Doesn’t contain a list of ingredients,
  • Has poor product information or is extremely cheap it should not be purchased.

 

If you think one of your children has sustained an adverse reaction to face paints or one of your children show symptoms such as hyper activity or impulsive or aggressive behaviour they should immediately be seen by their doctor. The product in question should also be retained for the purposes of testing. Your child may also be entitled to recover compensation for product liability.

If any of these issues affect you please feel free to contact Liam Moloney, Solicitor, today by emailing him at liammoloney@moloneysolicitors.ie or simply log onto our website www.moloneysolicitors.ie for further information concerning your rights.

Hospital Casualty visits for Sports Head Injuries Increase

Emergency room visits for head injuries among youth athletes has surged by over 60% in the last nine years. The injuries are lead by bicycling, football and playground accidents.

Traumatic brain injuries, in the US, rose to 248,418 cases in 2009 from 153,375 in 2001, according to a report by the Atlanta –based centre for disease control and prevention. Accidents from soccer and basketball also contributed to the increase.

Commenting on the findings, Liam Moloney Medical Injury Solicitor said “the increase probably stems from a heightened awareness among coaches and parents that children need to be seen by a doctor immediately after a head injury. Research has shown that a child’s developing brain can be resilient but it is also known to be vulnerable to the chemical changes that occur after a brain injury.”

About 71% of all visits recorded were among boys according to the data. Most of those in the emergency room, about 71%, were between 10 and 19 years old. Children under 9 years mostly sustained injuries from bicycling or playground activities. Older boys were mostly injured in football, older girls mostly from bicycling or soccer, the data showed.

Head injuries contributed to by football accounted for 57% of trauma-related sports death among youths from 1980 to 2009, according to an analysis published in the journal Paediatrics in June. 12% of the 138 football deaths caused by neck or head injuries involved youths who returned to a game after a concussion, researchers said.

Copycat GAA and IRFU lawsuits likely

A group of former American footballers are suing the NFL over the league’s handling of concussion-related injuries. It is the first potential class action lawsuit of its kind in the USA. The lawsuits accuse the NFL of negligence and intentional misconduct in its response to the headaches, dizziness and dementia that former players have reported. The former players seek damages and financial assistance to help pay for their future medical care. The Plaintiffs include a Super Bowl quarter back champion, Jim McMahon, who claims that he played through five concussions and now frequently walks around “in a daze”

“Many Irish rugby and GAA players have suffered similar injuries” said Liam Moloney, a Personal Injuries Solicitor. “Sports injury litigation is not common in Ireland as Courts have tended to hold that there is a voluntary assumption of risk involved in these sports. However, there is a precedent case when, in 2003 damages were awarded to a rugby player who was left paralysed after a scrum collapsed in a Welsh club game. The Welsh Rugby Union admitted its responsibility for the match referee’s failure to opt for uncontested scrums, which caused the collapse”

The Court held “if a side is forced to field players without experience in the front row of a scrum the referee should allow uncontested scrums – therefore reducing the risk of injury”. This was the first time an amateur referee in any sport has been held liable for injuries in an adult amateur game and its ruling appears to impose a positive duty of care for players on the field. The Welsh Rugby Union were also found liable for the referees actions.

Mr Moloney continued “the GAA and the IRFU will be monitoring closely the outcome of this litigation in the USA. Many people who play rugby, football and hurling receive injuries each year.  Many of these injuries are minor but in some cases where serious injuries are suffered they may be caused, or contributed to by negligence on the part of officials or local clubs. Referees could be liable if they do not act promptly in the interests of player safety, including ensuring that playing surfaces are safe and that light conditions are appropriate, particularly for winter games”.

He added “players who sustain serious injuries can require ongoing medical treatments which can be very expensive. Many seriously injured players are not compensated properly under their respective insurance schemes which leaves them financially strapped. Irish Sporting Bodies should be aware of the potential for an increase in injury litigation claims”

For further information contact:

Liam Moloney, Solicitor

Tel: 045 898000

Email: liammoloney@moloneysolicitors.ie

Website: www.moloneysolicitors.net

“Injuries Board Delaying Compensation Payments”, says Kildare Solicitor.

A Naas Solicitor said today that the Injuries Board is taking far too long to process claims.  Liam Moloney who specialises in personal injury law said today, “in cases where people have been injured in road traffic accidents, public liability accidents and work accidents it is clear in many cases that liability is being contested but the Injuries Board continue to delay in issuing Authorisations. People who are injured cannot progress their cases quickly until they obtain an Authorisation from the Injuries Board. In many cases it is taking a number of months for the Injuries Board to issue these Authorisations even in cases where it is clear that there is going to be a fight on liability”.

The Injuries Board is the statutory body charged with assessing compensation entitlements to people who have been injured in accidents. It does not deal with medical or dental negligence claims.

Mr Moloney added “the failure by the Board to issue Authorisations quickly means that cases cannot be lodged in Court, whose rules have strict time limits to make sure that Defendants do not delay unduly. Until an Authorisation has been issued the case remains with the Injuries Board and during that time very little progress can be made to advance the claims of injured people to make sure that vital evidence is secured”.

If you have been injured in an accident either at work, in a road accident or in a slip, trip or fall in a public place or on private property, you may entitled to recover compensation for your injuries. Moloney & Company Solicitors in Naas specialise in the area of personal injury law and to obtain further advice regarding your rights please call Liam Moloney, Solicitor today on 045 898000 for a free consultation or simply log onto our website www.moloneysolicitors.ie for further information.

PUBLIC LIABILITY CLAIMS RISE, SAYS NAAS SOLICITOR

Claims for accidents that occur on property open to the public are known as public liability claims.  These claims arise from injuries sustained by people who slip, trip or fall on public roads or pavements or in shops or buildings open to the public.  Many of these cases are taken against local authorities who are responsible for the maintenance, repair and upkeep of roads and footpaths in their areas. 

People are directly paying taxes to have roads and footpaths in good condition.  Where a road or a footpath is in good condition, it would be hard for someone to successfully bring a compensation claim because a local authority can defend such claims on the basis that they have done everything in their power to maintain and repair properly roads and footpaths.                  

Speaking today, Liam Moloney, Solicitor, Naas said due to the fact that local authorities no longer have the same budgets available to them, it is inevitable that more people will get injured from falling and tripping on uneven footpaths and dangerous potholes.  It is all too easy to slip, trip or fall and many people can suffer quite serious injuries from such falls.  Injuries such as broken teeth, head injuries and scarring can be caused as a result of such accidents”.                  

He added “many people also sustain injuries when they are caused to slip on wet floors and dangerous substances in buildings and supermarkets.  These cases are dealt with under the area of occupier’s liability.  More and more people are suffering these types of injuries because shops and supermarkets are no longer paying attention to good safety practice”.

If you have sustained an injury in a public place contact Liam Moloney Solicitor today on 045 898000 to find about your right to claim compensation.