Case Study

Case summary:

Incident:

Janet was enjoying an evening in a hotel on her holiday in Ireland. The hotel she was visiting that night had recently removed carpet from a flight of stairs. The stairs were left bare, with slightly raised strips on the edge of each step.

Janet was walking down these stairs, when she suddenly tripped on one of the raised strips and fell down the stairs. This was despite her wearing flat shoes with rubber soles at the time. She fell forward onto her face and head, and lost consciousness.

An ambulance was called to the scene, and she was brought to hospital. After examination and x-rays, it was found that Janet had three breaks to her cheek bone, a fractured skull, an 8cm deep gash on her forehead, a broken rib and damaged eye sockets. Janet required surgery on her facial bones to reduce some of this damage.

Due to the injuries sustained from the accident, Janet was absent from work for six weeks. After her injuries healed, she continued to experience a reduced sense of smell, sleep disturbance, poor concentration, and numbness in parts of her face. She also had difficulty walking and reduced balance.

Case progression:

After the accident, Janet heard from a number of sources that many other people had also fallen on these stairs, because of the raised tape on each step left behind after the carpet removal. This constituted a significant trip hazard.

In leaving the stairs in this condition, the defendant failed to provide a safe premises for Janet and for other users of the hotel.

Janet was initially offered €15,000 for her injuries. This was rejected by Solicitor Ruth Foy and by Janet. Ruth instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 3^rd of September 2024 for the sum of €35,000. This was a great result for our client. We are proud of all the work put in by Ruth and her team to achieve this outcome.

*Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. What does no win no fee mean?

   Solicitors fees are based on a number of factors:

   • Complexity and urgency of your case
   • Paperwork involved -the amount of paperwork, medical records etc., that need to be obtained and examined
   • The amount of time spent by the personal injury solicitor and their legal assistant on the matter
   • Skill, knowledge and expertise
   • Whether costs can be recovered from the other side will play a role in whether you will have to pay legal fees or whether the other side will have to pay them for you.

   Speaking with a solicitor is the best first step you can take if you are concerned about legal fees, they will explain to you exactly how it all works and put your mind at ease.

   You may find some solicitors operate on a no win no fee basis which means that if your personal injury claim is not successful then there is no charge to you. It is important to note that while this is a common practice in the industry the Law Society of Ireland regulate how a solicitor’s firm can advertise their services, one of these regulations is that a solicitor’s firm cannot advertise ‘no win no fee’ services and any solicitor found advertising these serves will be found to be in breach of the regulations. Keep this in mind when choosing your solicitor to represent you.

2. What information will I need for my solicitor to make a claim?

   In order for your solicitor to proceed with a personal injury claim for you they will need the following information:

   • Details of the person who caused the accident.
   • Names, addresses and contact information of any witnesses to the accident.
   • Where available, photographs of the location of the accident, paying particular attention to the item or area where the accident happened.
   • Name of Gardaí/police and station where the accident was reported- names of any Gardaí who attended the scene of the accident (where applicable).
   • Medical records detailing any injuries/treatment following the accident.
   • Details of any costs incurred following the accident.
   • Details of any loss of earnings and details of any future loss of earnings if you are to be out of work for a long period of time.
   • Cost of medical treatment-details of future medical treatment needed.

3. Will I have to go to court?

   Every case is different and each case comes to a resolution differently. In the majority of personal injury cases, the person making the claim will not step foot into a courtroom.

   It is possible that the person at fault will seek to settle outside of court and your case will be settled in a settlement meeting attended by you, your solicitor and barrister to negotiate your settlement.

   Ultimately, it is entirely up to you whether to accept the settlement offered. If you do not accept then it will move to a court hearing where a judge will decide how much your settlement will be.