Painter with brain injury after ladder fall will only get €825k of €3m settlement

Insurance firm involved has gone into liquidation

Vincent Barry will only have access to a maximum of €825,000 under the Insurance Compensation Fund, designed to facilitate payments to policyholders when an insurance company goes into liquidation. Picture: iStock

A painter who fell 16ft to the ground from a ladder and suffered a traumatic brain injury has settled his High Court action for €3m.

But 60-year old Vincent Barry will only see €825,000 of that award after the High Court was told today that the insurance company involved, which is based on mainland Europe, has gone into liquidation.

Mr Barry had claimed he was painting a Velux window on a property in Newcastle, Co. Wicklow, four years ago when it is alleged that an A-frame ladder snapped in two and he fell on to the concrete below, fracturing his skull. He spent 14 weeks in hospital and four months in the National Rehabilitation Hospital after the accident.

Susan Jones BL, instructed by Patrick Jones solicitor for Mr Barry, told the court it was an unfortunate matter. The insurance company involved, she said, was based outside this country and had gone into liquidation. 

As a result, she said Mr Barry will only have access to a maximum of €825,000 under the Insurance Compensation Fund, which is designed to facilitate payments to policyholders when an insurance company goes into liquidation.

Approving the settlement, Mr Justice Cross said it was a serious and dreadful accident that befell Mr Barry which had serious consequences for him, and he noted that the maximum payout from the Insurance Compensation Fund is €825,000.

Mr Barry, Silvermines, Bray, Co Wicklow, had sued Ian Longmore trading as Ian Longmore Building Services, Co. Wicklow, as a result of the accident while painting a house in Newcastle on September 12, 2016. Mr Barry was working under the instruction of Mr Longmore at the time of the accident it was claimed.

Mr Barry claimed he had been provided with a ladder which was allegedly dangerously defective and unsafe to use. He further claimed the ladder had snapped in two.

There was, he has further claimed, an alleged failure to take any or any reasonable care to ensure he would be reasonably safe in carrying out his work.

The claims were denied, and it was contended by the other side that the ladder did not appear to have any obvious or inherent defects. It was further claimed Mr Barry had allegedly failed to wear a hard hat when working at a height.

Ms Jones told the court while the settlement was €3m, there is very little prospect of recovering any more of the compensation other than the amount allowed under the Insurance Compensation Fund.

Approving the €3m settlement plus costs, Mr Justice Kevin Cross noted that the indemnifying insurance company had gone into liquidation and Mr Barry will have to be paid from the Insurance Compensation Fund which will give a maximum payout of €825,000. 

The money, the judge said, will be paid into court.

Mr Justice Cross wished Mr Barry and his family all the best for the future.