Even though you can establish that another person is mainly responsible for an accident (which caused injury to you), you might still be found to be partly responsible. If this happens, the judge will reduce the amount of an award that you would otherwise get.
It is often difficult to say whether you are partly responsible. In a case of Noeleen Coffey -V- John Joseph Kavanagh (a case recently heard in the High Court), Ms. Coffey suffered a fractured wrist at work, as a result of tripping over a box. She worked in a shop in Camden Street in Dublin. Her employer argued that Ms Coffey was responsible herself for what occurred; that she had put the box on the floor herself or, at least, should have moved it. Ms. Coffey maintained that, when she returned to work after lunch (on the day of the accident), her work area was cluttered with boxes. She began to tidy the boxes and argued that she was doing her best to correct the clutter. The court said that there was a shortage of space in the work-area; that the area was frequently cluttered with articles. The court also found that the Employer had not carried out a risk-assessment (which would mean that the employer is at fault in allowing standards to slip). The question arose, though, as to whether she should have looked out and avoided the box? Also, she was a manager and was obliged to keep the area tidy. She knew of the clutter in the area and should have avoided it. She stated that she had begun to tidy up and that the accident occurred after that. In this case, the court found that she was 25% responsible for the accident and, accordingly, reduced the amount of her award by this percentage (you will note that she won her case to the extent of 75%).
The law imposes the main responsibility on an employer to ensure that a work-place is tidy/safe. However, the employee has also to take care and this duty on the employee will be higher if he/she is in the position of responsibility.
Berwick Solicitors has represented victims of accidents for over 25 years: Feel free to contact us on 091 567545 or at info@berwick.ie for a brief discussion or inquiry.
