The Garda Commissioner, the justice minister, the Attorney General, and the State are also named in the action, as the injury allegedly occurred when the criminal was fleeing gardaí who arrived on the scene of the burglary.
Airing his outrage to RTÉ Radio 1’s Liveline yesterday, businessman Kevin, who only provided his first name, spoke of the fallout from the attempted burglary of his store on November 20, 2015.
Kevin said three men broke into his store, and had items ready to load into a car when armed gardaí arrived.
“The guards came, chased them back in, they ran into the store, and subsequently we found out that one of them injured himself,” he said. “They were arrested and he was taken to hospital, it was in the report we received from PIAB [Personal Injuries Assessment Board].
“As he tried to make his escape he injured himself. It probably would have been dark in the store, so he probably injured himself on a shelf or unit. He had a cut to his scrotum, reading the medical report he didn’t get a stitch for it, he got one of those strips and he was sent back to the garda station.”
Kevin told Joe Duffy the trio were given a six-month suspended prison sentence for the incident, which involved the use of a sledgehammer in the break-in.
He said he understands that the man who claims he was injured in the course of the break-in is now in prison, and that he recently received a letter from his solicitor asking that he take responsibility for his client’s injury.
“Then we got a letter from PIAB with a note saying that if we wanted to take part in the assessment it would cost €600. It would be funny if it wasn’t true,” Kevin said.
“I did contact the solicitors initially when I saw the letter because it didn’t make sense to me. It said someone had received injuries on the premises, and when I rang her she said ‘there was a man arrested on your premises’ and it twigged with me.
“My solicitor has advised me to just hand it over to the insurance company because if you don’t and then the case did go to court and they found against you, you would be held totally liable.
“The insurance company, I believe, are not accepting responsibility so we just have to wait and see what happens next with it.”
In a statement, the PIAB said it could not comment on an individual case, but that it was required by law to write to any person a claim is made against to give them the option of having the case assessed by PIAB.
“A person against whom a claim is made has the option of having the claim assessed by PIAB or not — it is their choice. If they opt for it they pay the fee,” the PIAB said.
“If they do not consent to PIAB assessing the claim then they are not liable for the fee and the claimant is authorised to take the case to court if they wish.”