Ireland: 'TD Swing case undermines FG compensation reforms' - Maria Bailey case is criticised by former Justice Minister Michael McDowell - PressFrom - United Kingdom
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Ireland'TD Swing case undermines FG compensation reforms' - Maria Bailey case is criticised by former Justice Minister Michael McDowell

02:05  22 may  2019
02:05  22 may  2019 Source:   independent.ie

Minister defends Fine Gael TD's right to take personal injury action against Dublin hotel

Minister defends Fine Gael TD's right to take personal injury action against Dublin hotel Minister defends Fine Gael TD's right to take personal injury action against Dublin hotel

A former minister for justice in the government that decided to introduce public services cards for citizens has said he was against national identity cards and remained opposed to them. Senator Michael McDowell said, however, he did not know whether the public services card (PSC) card being

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'TD Swing case undermines FG compensation reforms' - Maria Bailey case is criticised by former Justice Minister Michael McDowell FG TD Maria Bailey

THE Government’s efforts to tackle claims culture cannot be taken seriously when a Fine Gael TD is taking a case over falling off a swing, a former Justice Minister warned.

Independent Senator Michael McDowell highlighted the controversy surrounding Maria Bailey’s personal injury action against The Dean Hotel in the Seanad.

She claims she suffered injuries to her head, back and hip when she fell from a swing inside the premises on Dublin’s Harcourt Street.

The hotel is denying any liability.

It comes at a time when there is sharp political focus on personal injuries payouts in the courts, a matter that barrister Mr McDowell chose to highlight last night.

'Most people over the age of four don't need adult supervision' - Opposition criticises TD Bailey over swing fall case

'Most people over the age of four don't need adult supervision' - Opposition criticises TD Bailey over swing fall case 'Most people over the age of four don't need adult supervision' - Opposition criticises TD Bailey over swing fall case

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For the prime minister 's allies, it will show that she is, despite the political turmoil, still strong enough to move some of her ministers around - to hire and fire. Mr Williamson is strenuously still denying that the leak was anything to do with him at all. There is nothing fond, or anything conciliatory, in either the

He questioned the proposition that “there should be supervisors for swings when adults are using them and that it’s a matter of civil liability if there isn’t”.

Mr McDowell added: “We live in a strange world where civil liability can exist in such circumstances.

“But who knows, maybe we’re only hearing a portion of the evidence.

“If the Government is serious about driving down the claims culture we cannot stand idly by when adults lose their seat with two objects one in each hand and fall off a swing and then claim that there should have been a supervisor looking after them.”

'TD Swing case undermines FG compensation reforms' - Maria Bailey case is criticised by former Justice Minister Michael McDowell © Copyright Collins Photo Agency Barrister and senator Michael McDowell. Photo: Collins He added: “Especially when it comes from somebody who has so much public influence and clearly influence over government policy in these matters.”

Minister: It's a matter for Maria Bailey whether or not to withdraw swing fall personal injury claim

Minister: It's a matter for Maria Bailey whether or not to withdraw swing fall personal injury claim MINISTER Josepha Madigan has said it's up to Maria Bailey whether or not she should withdraw her personal injury legal action against a Dublin hotel. Ms Bailey is being represented by Ms Madigan's family law firm in the case she has taken against the Dean Hotel after she fell out of a swing in 2015. Ms Madigan has said she left the practice in 2017. She refused to say if she had any role in advising Ms Bailey saying it would be a "confidential matter". Maria Bailey.

The first task for a defense attorney in a criminal case is to determine whether there are any grounds on which the case could be dismissed before a plea or trial. Courts can hear only those cases that they have the power to hear, which is given to them by legislators and the constitution.

The Medical Injury Compensation Reform Act (MICRA) of 1975 was a statute enacted by the California Legislature in September 1975 (and signed into law by Governor Jerry Brown in September)

The Government is aiming to fast-track changes to the law to allow for the establishment of a committee of judges to set guidelines for personal injury pay-outs.

In her case against the Dean Hotel, lawyers for Ms Bailey list 18 particulars of alleged negligence or breach of duty including a failure to have signs or supervisors.

Neither Ms Bailey nor Fine Gael have yet commented on the case.

Culture Minister Josepha Madigan’s family firm is taking the case, although she no longer works there.

Ms Bailey’s case against The Dean Hotel was mentioned on Monday in  Dublin Circuit Civil Court.

It is understood the swings in question are located indoors, on the top floor of the hotel, near a bar and restaurant area.

Her lawyers claim there should have been signs or a member of staff to instruct how to use the swing safely.

They claim that patrons at the hotel are encouraged to use the swing unsupervised.

Swing case TD Maria Bailey drops compensation claim against hotel

Swing case TD Maria Bailey drops compensation claim against hotel FINE GAEL TD Maria Bailey is withdrawing her compensation claim against a Dublin hotel over a fall from a swing, Independent.ie can reveal. The Dun Laoghaire TD’s move comes after a week when the controversy overshadowed her party’s local and European election campaigns. She lodged a personal injuries claim on the basis that she suffered injuries to her head, lower back and hip after falling backward off the swing in the well-known Dean hotel. It is claimed Ms Bailey can no longer sit or stand for long period without experiencing pain and discomfort as a result of the incident in July 2015. Ms Bailey now says: "I had nothing to hide.

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They also state there was nobody to supervise and intevene if a patron was at risk of a fall, and there was no cushioning of the area surrounding the swing.

Her lawyers say after the fall, Ms Ms Bailey woke up with a severe pain the next morning and after attending A&E was diagnosed with soft tissue damage and contusions as well as a concusion.

Defence papers claim Ms Bailey failed to use the swing in a proper manner and held items in both hands, restricting her ability to balance and preventing her from holding the rope grips properly.

The hotel claims that if any injury was suffered, this was due to Ms Bailey’s own negligence.

Speaking in the Seanad Mr McDowell said: “As somebody who was careless enough to lose my seat on three occasions in the other house, I was struck by reading in today’s Irish Independent about a member of that house who lost her seat while on a swing in a hotel in Harcourt St recently,” Mr McDowell said.

“I just want to say two things without commenting on the merits of the case, that it would appear that 55 years after Belfast City Council unlocked the swings on Sunday, the proposition has been put in court that there should be supervisors for swings when adults are using them and that it’s a matter of civil liability if there isn’t.”

'I haven't had the chance to talk to her about it yet' - Taoiseach to speak with Maria Bailey about dropped swing compensation claim

'I haven't had the chance to talk to her about it yet' - Taoiseach to speak with Maria Bailey about dropped swing compensation claim Taoiseach Leo Varadkar says he will talk to Fine Gael TD Maria Bailey next week about her fall from swing compensation claim against the Dean Hotel, which she has now dropped. Ms Bailey confirmed in an interview with the Sunday Independent that she has dropped the case. The Dun Laoghaire TD's move comes after a week when the controversy overshadowed her party's local and European election campaigns. Speaking at the count centre in Citywest, Mr Varadkar said that the matter was a private one for Bailey over an incident that occured "before she was even elected to the Dail".

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Minister Flanagan secures Government approval for amendments to the Harassment, Harmful Communications Second Stage Speech by Mr. David Stanton TD , Minister of State for Equality 4. Deputy Ruth Coppinger asked the Minister for Justice and Equality his views on the introduction of a

He was warned to “tread carefully” by the Cathaoirleach of the Seanad, Denis O’Donovan - and Mr McDowell replied that he would not comment on the merits of the case.

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Fine Gael to launch internal review into Maria Bailey swing fall case.
In recent days, the Taoiseach said Bailey caused ‘reputational damage’ to the party.

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