PERSONAL INJURY

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This page discusses:

Tort Law,

Negligence,

Suing under multiple headings,

Employee Injury,

Defences to claims,

How to bring a claim,

Motor vehicle related injuries.

Let's say, for example, that you receive an injury as a result of a slip in a supermarket. Let's say that some mustard has fallen on the floor, has been there for some time, and you come along and tread on the mustard, fall, and break your right wrist. You are now severely injured and can no longer carry out your job as a right hand glove tester.

Are you entitled to be compensated for the injury you have received and is the supermarket liable in law for failing to prevent this accident from occurring?

TORT LAW

What we are in fact dealing with here is the law of 'Tort'. Tort law is an ancient legal system that goes back to the Roman period and can be seen as the other side of the coin to Criminal law. In Tort law Plaintiffs sue Defendants for damages (usually money) or other remedies (such as an injunction) in order to restore the Plaintiff to the position they were in prior to the breach of duty or breach of contract. 

Criminal law is not prosecuted by individuals against one another but by the State, via the Director of Public Prosecutions, against accused individuals and the punishments can include prison and, or, serious fines. In a criminal sentence the fine is not payable to the victim but goes to the State coffers. The victim may then bring a separate case against the accused in the civil courts (enter Tort Law) in order to receive compensation.

So, in the present case, in order for you to be restored to the condition you were in before you were injured the supermarket would have to have a magic wand and undo the damage caused to your wrist. This is somewhat unlikely and, therefore, you may bring a case, known as bringing an action, against the supermarket in the civil courts. You may be entitled to recover damages equal to the amount that you have lost as a result of not being able to work. This is known as Economic Loss and is generally dependent upon an accompanying physical injury. Courts are less likely to impose liability in the absence of any physical injury as this would be straying into the realm of Contract Law; though it does happen. Anyway, we won't go there today. You may also be entitled to recover damages for the actual injury itself, based on the Book of Quantum. More on that below. 


NEGLIGENCE

In order for liability to be imposed in the majority of Tort cases, there needs to be an element of Negligence. Negligence is what happens when a party (here the supermarket) breaches their legal duty to take care which results in damage to the plaintiff (you). It consists of the doing of an act which a reasonable person would not have done, or, the failure to do something which a reasonable and prudent person would have done. The test for negligence is as follows:

(a) a duty of care must exist between the parties;
(b) there must be a breach of that duty;
(c) damage must occur which was reasonably foreseeable; and
(d) a causal link must exist between the breach and the damage.

In the present case a reasonable supermarket would have dispatched an employee to cordon off the mustard and remove the hazard expeditiously.

Ultimately, in any personal injury case under negligence, the challenge is proving that the acts or omissions of the defendant CAUSED the injury you sustained. Without a causal link, the chain of negligence is broken and, thus, the test is not satisfied.

CAN YOU SUE UNDER MULTIPLE HEADINGS?

There are lots of routes you may go down simultaneously when suing the supermarket. For example you may be able to sue under the Occupiers Liability Act 1995 since you are on the premises as a visitor and have suffered an injury.

You may sue under Negligence, as set out above, for the failure of the supermarket to prevent an injury occurring which was indeed reasonably foreseeable.

You may sue for loss of earnings by way of economic loss. You may also be entitled to special damages such as medical expenses, etc. 


EMPLOYEE INJURY

If you were an employee of the Supermarket you would also be entitled to rely on S.8 of the Safety, Health and Welfare at Work Act, 2005 for failing to provide you with a safe place of work. Check out this newspaper report which is remarkably similar to our example scenario. Totally coincidental, honest! 

Employees may even find that they can sue for breach of contract provided the employer has set out terms in the contract stating that they will provide a safe working environment for you. 

Be sure to head over to the Worker's Rights page of this website for further information on employee rights. 

DEFENCES TO PERSONAL INJURY CLAIMS

There are many, many factors which play an important role in these cases and sometimes there are defences available to the Defendant which can limit or nullify their exposure to liability.