Compensation award following fatal fall.

A Civil claim for damages was brought after criminal proceedings were concluded against the landlord of the premises for gross negligence manslaughter. The landlord was convicted and sentence to a term of imprisonment of 2 years.

Evidence indicated that the landlord had been warned about an unlocked door at the premises. The door, which lacked any clear markings, led directly to a cellar. There had been previous incidents but no other serious injuries. The deceased had fallen into the cellar and sustained fatal head injuries.

Compensation was claimed by the family under the Law Reform (Miscellaneous Provisions) Act and the Fatal Accidents

Liability was not disputed in respect of the Civil claim and damages were agreed by negotiation.

Speaking of the settlement Kim Daniells said “This was a terrible and tragic incident that deprived a family of a loving and supportive son, brother and uncle. No amount of financial compensation can help to ease the pain suffered by the family but as is often the case, financial recompense was never the motivation in bringing the claim. The family were keen to highlight the potentially devastating consequences of health and safety failings.

"The reality is that serious injuries and deaths do occur because employers and occupiers ignore basic guidelines and instructions. These incidents are avoidable...lives can and should be saved"