compensation culture


pd_phoenix

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a young boy was awarded €30,000 when he fell from an ESB box

Schoolboy wins €30,000 after fall from ESB box - National News, Frontpage - Independent.ie

the article claims that the children used another box in order to climb on the ESB box, therefore should he really have been awarded such an amount of compensation?

What about his parents? Who leaves a 5 year old child unsupervised or lets them climb an ESB box?

Has the country turned into a mini America where people will seek compensation for anything? Where is the sense of personal responsibility?
 

MsAnneThrope

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I think the salient word in that article was that the ESB box was left "unguarded". I assume this means it should have been fenced off in some way, to prevent accidents like this and perhaps more serious electrical accidents? Given that the ESB accepted liability I assume this was the case.

But in principle I agree with you. There does seem to be a growing compensation mentality in Ireland and it needs to be kept in check to prevent silly, sometimes ludicrous cases resulting in large payouts. It ultimately pushes up insurance costs for us all.

I would think this case is an exception however. Kids will be kids and unguarded ESB boxes shouldn't be accessible to them.
 

ellie08

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The compo culture drove up insurance rates, robbed our towns of playgrounds (when little jacinta fell off the slide and got thousands), made the price of everything go up. To every knacker that claimed for falling over a wobbly bit of footpath - cheers - you really made life great for the rest of us!
 

pd_phoenix

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kids will be kids but should the ESB be forced to pay €30,000 for his adventures. Sure I got up to stuff when I was younger that I shouldn't have and broken bones climbing stuff I shouldn't have but there was never a thought of trying to blame someone else and getting money out of them. I think it is a new mentality in Ireland
 

amblincork

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There is a certain politician who received a large compensation award after injuring himself, after a fall received when trespassing, when younger.
 

pd_phoenix

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There is a certain politician who received a large compensation award after injuring himself, after a fall received when trespassing, when younger.
this is exactly the compensation culture I can't stand. People getting money when they were in the wrong
 

MsAnneThrope

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kids will be kids but should the ESB be forced to pay €30,000 for his adventures.
If €30k is the cost of ensuring no kid suffers a more serious or fatal accident at any ESB property in the country then I think it's a good thing. The ESB should be ensuring these properties and boxes are out of bounds to children, or face further claims. Where the actual 30k figure came from I don't know. I'll defer to a legal expert here but I doubt the child's parents came up with that number and may have been happier with a lot less?
 

amblincork

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If €30k is the cost of ensuring no kid suffers a more serious or fatal accident at any ESB property in the country then I think it's probably a good thing. Where the actual 30k figure came from I don't know. I'll defer to a legal expert here but I doubt the child's parents came up with that number and may have been happier with a lot less?
Barrsiters usually ask clients what amounts they would accept.
 

KingKane

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But it is only 5 feet high and now we're saying a ESB box should be surrounded by high walls to ensure that children don't climb on it in case they fall down? What next walls around garden walls in case children climb on those and fall?
 

amblincork

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But it is only 5 feet high and now we're saying a ESB box should be surrounded by high walls to ensure that children don't climb on it in case they fall down? What next walls around garden walls in case children climb on those and fall?
Absolutely right, should rocks on beaches be wired off next ?
 

ellie08

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The kid should have sued the parents! If my 5 year old kid fell off something, it would be my fault, not the fault of the owner of the thing they fell off. This has been going on a long time, at least 8 -10 years. Where I worked, I saw serial compensation claimers coming in. The tragedy is they could wipe out their 30K compensation in 2 months flat. They used to come in for loans before they got their compensation and had it spent before the award came in. Because the solicitors were profiteering, nobody seemed to shout stop. Our local playground was taken away because some fool fell off the slide - walking up it instead of sliding down. How the hell is that anyone elses fault.
 

Louth Planner

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You'll find that this will become more common now. In our estate we have a similar electricity box. It is surrounded on 3 sides with a 6 foot wall. There is also a gap of about 9 - 12 inches between the box and 2 of the walls. We have asked the builder to make it safe by building some kind of roof over the box, but nothing has happened yet. To make matters worse, there is a large step down from the pavement to the floor at the front of the box. This is another accident hazard.

Kids will be kids and will be drawn to such structures. On the one hand I agree that the compo culture is out of control. That said, ther likes of the ESB know Ireland has a compo culture and should ensure their property is safe. As for the parents, I will also agree that they should be more responsible when it comes to their kids. I see too many little kids, even younger than 5, running wild around the estate. Well, not running wild, just being kids. That said, parents cant lock their kids up until they are 18. Should they sue, its debatable but responsibility needs to be taken on all sides.
 

MsAnneThrope

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If it was a box of any other type would there be such a case I wonder? The fact that it's an ESB box, where vandalism (which should also be severely punished!) or unsafe play by children may result in more serious injury or even death, is the issue here I suspect. That said I can't find anything online that says it's a legal requirement for the ESB to have these fenced or walled off or otherwise out of bounds.

Apart from their Captain Safety campaign which says "Don't climb on top of electricity transformers - you could easily fall and end up in hospital" there's not much information on their responsibilities.
 

pd_phoenix

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If I was the ESB I'd sue the kid for damage done to the box, that might teach him and his parents a lesson
 

myk

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But it is only 5 feet high and now we're saying a ESB box should be surrounded by high walls to ensure that children don't climb on it in case they fall down? What next walls around garden walls in case children climb on those and fall?
what if they climb the walls around the walls :)

i presume juries are involved in all these cases. is it the law that is at fault or our culture? or is there no problem...
 

CookieMonster

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If €30k is the cost of ensuring no kid suffers a more serious or fatal accident at any ESB property in the country then I think it's a good thing.
It's not. €30k (plus cost of building a fence) is the price of making sure the ESB isn't sued again when some other little dumbass doesn't do exactly the same thing and cost them another €30k.

The ESB should be ensuring these properties and boxes are out of bounds to children, or face further claims.
Parents should be ensuring their children don't play on dangerous EBS boxes.

Where the actual 30k figure came from I don't know.
A good personal Injuries solicitor.

I'll defer to a legal expert here but I doubt the child's parents came up with that number and may have been happier with a lot less?
Oh, how very naive.
 

CookieMonster

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If I was the ESB I'd sue the kid for damage done to the box, that might teach him and his parents a lesson
If I was the ESB I'd sneak around some day when the little brat is left unattended again, smack him in the face with a wheelbrace and give him an injury to spend the €30k on.

But I am an evil, evil man.
 

pd_phoenix

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I'm not a parent so a question to those who are. Would you let your 5 year old out unsupervised? Would you not know that your kid was climbing on this thing?

Its not as if it was a horrible accident. These kids used another box in order to climb on top of the ESB box. That fact is what should have lost this kid his compensation in my opinion
 
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