Fatal powerwasher accident settled for €400,000
Liability was denied at the hearing, but the claim was settled for €400,000.
A recent High Court case in Ireland settled for €400,000 in respect of the death of a farmer who died after a hose carrying high-pressure water whipped around and struck him in the head, causing him fatal injuries.
The farmer’s family sued an agricultural contractor as a result of the incident. Liability was denied at the hearing, but the claim was settled. The family also brought claims for nervous shock which were also settled.
In respect of the wrongful death arising out of an accident, the dependents of the deceased person can bring a claim against an alleged wrongdoer.
The dependent would have to prove liability in court that the person died due to negligence or wrongful acts of a third party. The court may also take a view that whilst the accident was due to the negligence of a third party, the deceased was contributory negligent as the accident was partly due to them having acted negligently, and typically, a court will attribute a percentage as to what the degree of contributory negligence is.
You can bring a fatal injury claim if you show you are dependent on the deceased for financial support and have suffered financial loss and distress as a result of the accident and are related to the deceased.
One person typically brings the claim on behalf of all dependents, with Fatal Injury governed by Part IV of the Civil Liability Act 1961, which states that it is the "personal representative of the deceased" who can bring a claim.
However, if six months have passed since death and no such representative has been put in place, any and all dependents may do so. A claim must be bought within two years from the date of death. Dependents can include spouses, cohabiting partners, children, parents and siblings.
The damages awarded in these types of claims are typically divided as follows.
- Special Damages: These are quantified losses such as funeral and other expenses.
- Solatium: This is to compensate for the mental distress and anguish caused by the death of the deceased. It is a lump sum payment which is divided between the deceased’s dependents and capped at €35,000.
- Loss of Dependency: This head of damage refers to the loss of financial support suffered by the dependents as a result of the death of the deceased. It is calculated from the date of death and considers the deceased's life expectancy and other factors. Your solicitor may have to engage a specialist to calculate this loss.
The principles of the law on nervous shock in Ireland are:
- Did the plaintiff suffer a recognisable psychiatric illness?
- Was the psychiatric illness shock induced?
- Was the nervous shock caused by the defendant’s negligence?
- Was the nervous shock sustained by reason of an actual or apprehended physical injury to the plaintiff, or a person other than the plaintiff?
- Did the defendant owe the plaintiff a duty of care not to cause him or her a reasonably foreseeable injury in the form of nervous shock?
Typically a person who witnesses an accident and suffers a recognisable psychiatric illness is classified as a secondary victim and under Irish law can bring a claim for damages if the above criteria are met.
