LegalEagleStar

… a kind of Legal Column

Archive for December 31st, 2010

Drunk bumped my car

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Q   OVER the Christmas period while driving home from work a drunk wandered out into the path of my car.

The man bounced off the bonnet of my car and was taken to hospital, fortunately not badly hurt. What is worrying me now is must I report the incident to my Insurance Company?

A   YES, you must report the accident to your Insurance Company as provided in your Policy. If you do not do so you may find that your Insurance Company may try to avoid indemnifying you in the event of the injured party suing you. When the Insurance Company gets your notification of the accident they will furnish you with an Accident Report Form which you should complete and return to them.

At this stage they are on notice of a possible claim and may well try to knock your No Claims Bonus.

The drunk may take advice and decide to sue you. Most will not, but remember that you have a duty to look out for pedestrians while driving your car.

This duty is particularly onerous when concerned with children.

In any event tell your Insurance Company about the accident and leave the matter with them.

THE STAR , Friday January 12, 1990

Written by LegalEagleStar

December 31, 2010 at 4:53 pm

Bath foam problems

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Q   I  RECEIVED a Christmas gift of a bottle of bath foam and on St Stephen’s Day I decided to pamper myself and have a good soak in my nicely scented bath.

When I got out I was like a lobster and itchy all over.

I couldn’t go out and had to go to the Chemist to get something to relieve the discomfort.

Do I have a case against the manufacturers of this bath foam for ruining my Christmas?

A   WHILE  I sympathise with your dilemma I don’t feel that you can have legal redress against the manufacturer of the bath foam for your discomfort.

You appear to be a person with sensitive skin and as a result must be very careful while soaking in your bath, washing etc. It might well be advisable to attend a skin specialist to determine what allergies you may have. I am aware of people developing skin allergies from bath salts etc. so I think that although you have suffered, the majority of people would have had a luxurious soak. Of course if you feel strongly enough you can always have the bottle of bath foam analysed. I would think it unlikely that any reputable manufacturer would have any harmful substances present in their preparations although if they had you certainly would succeed in an action for damages.

THE STAR, Friday January 12, 1990

Written by LegalEagleStar

December 31, 2010 at 1:07 pm

Should I Sue Neighbour ?

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Q   MY 5 year-old daughter was injured in a road traffic accident while she was a passenger in a neighbour’s car.

Fortunately the injuries were not very bad, she received thirteen stitches and was retained in hospital overnight for observation. The situation is very difficult for me. I don’t like the idea of suing a neighbour but at the same time I feel that my daughter should be compensated for her injuries.

A   THANK   GOD you say that your daughter’s injuries were not very bad as an accident such as you describe can have a terrible effect on a child of such tender years.

I am worried somewhat though about her head injuries. Did she have concussion? If so and as she has received a blow to the head, I would feel that this warrants a visit to a Neurologist as she may have internal damage or injuries that could result in problems in later life such as migraine. Her 13 stitches on her forehead may need plastic surgery. You should put your daughter’s welfare before your embarrassment and pursue a personal injuries action against your neighbour without delay.

THE STAR , Friday 12, 1990

Written by LegalEagleStar

December 31, 2010 at 12:50 pm

Serving under-age drinkers

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Q   I AM very annoyed with my local off-licence and am wondering if I can do something legally about the fact that they served my fifteen year old daughter alcohol. Over the Christmas period she returned one night very drunk. I was disgusted and shocked that someone would serve alcohol to a fifteen year old.

A   YOU should advise the Gardai that the off-licence served alcohol to a minor and let them investigate the matter. Annually the off-licence must apply to the District Court for a renewal of the licence. You can attend and voice your objections. Go to the off-licence yourself and voice your disapproval of their serving your daughter.

THE STAR ,  Friday January 12, 1990

Written by LegalEagleStar

December 31, 2010 at 11:41 am

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