General Practice Case Studies

James McSweeney Solicitors are experts in dealing with Personal Injury and Accident Claims. Prior to establishing his own Practice in 2007, James managed one of  Ireland’s leading specialist Personal Injury Law firms. During that time, he has been at the cutting edge of developing innovative and quicker ways of wining cases for the victims of Personal Injury claims and industrial or workplace accidents. The systems he has developed enable his Clients to prosecute their cases with confidence and in a timely manner.

Case Study 1

I have just received a lovely note from a Client who’s case has been completed after a bit of a battle.  She fall over uneven pavement at the exit of her housing estate and suffered a nasty break too her arm and elbow that needed an operation.  It was really difficult to find out who was at fault because the accident happened just at the boundary or border between local authority ownership and the builder of the housing estate.

Little do we know, as we walk around, that these little boundaries exist on our footpaths.  We eventually persuaded the Local Authority to take responsibility and achieved a Settlement package worth over €80,000-00 for our Client.  Thanks so much for the Card.

Case Study 2

James McSweeney Solicitors recently secured settlement in the sum of €110,000.00 for a client who suffered injuries to her lower back.

In summary, our client who was working for a leading Irish supermarket hurt her lower back when she slipped on drips from a sink and from a dishwasher machine.  Her employers, the Defendants, had no absorbent mats in place even though they knew these drips were occurring from the sink and the dishwasher.  An Engineers inspection indicated that the tiles are slippery when wet and concedes that there were no absorbent mats in place.  The Defendants blamed our client for washing the floor and alleged that she knew the floor was wet after washing and she should have watched her step. The case was settled outside of Court for €110,000.00.

Case Study 3

A client of James McSweeney solicitors suffered injury when she was at a large outdoor concert in Punchestown. She was walking along a designated roadway when a vehicle being driven by an employee of MCD Promotions struck her left leg resulting in a fracture. The case was fought all the way to the High Court and was heard before the President of The High Court. The Defendants had claimed that our client had consumed so much alcohol that she was incapable of looking after herself and, that she had walked into the path of the vehicle. Mr. Justice Kearns on hearing the evidence from both sides ordered that MCD Promotions were 100% liable for the accident. He awarded our client €40,000.00 for pain and suffering to date, €10,000.00 into the future for pain and suffering and €1,726.63 for her out of pocket expenses.

Case Study 4

A client of James McSweeney Solicitors took a claim against Tesco Ireland situated at Birr Co. Offaly. Our client was walking along a designated pathway that went around the outside of the store and which led to a pedestrian entrance. However, she decided against using the pedestrian entrance and instead proceeded to walk down a grass bank verge which was used by numerous shoppers as a “short cut”. While doing so she slipped and fell and broke her wrist. Tesco Ireland fought the case and alleged that our client was responsible for the accident as she had acted in total disregard for her own safety by taking a short cut when she knew it was unsafe and dangerous to do so.

The case was heard by Mr. Justice Mac Eochaidh at the High Court in Kilkenny. It ran for a number of days. An engineer engaged by James McSweeney Solicitors gave evidence that he attended at the planning office in Birr and that on the original application for planning permission Tesco Ireland had presented drawings which showed a Memorial Wall being built around the perimeter of the shopping centre. This wall would have prevented customers from taking a short cut however, the wall was never built.

Mr. Justice Mac Eochaidh found Tesco Ireland 65% at fault for the accident however, he also believed that the Plaintiff contributed to her accident by taking a short cut down an incline at night, he found her 35% liable. The Plaintiff was awarded €30,000.00 for her injuries and €100.00 for her out of pocket expenses.



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