Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
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Cruise Ship LiabilitiesThe International Maritime Organisation is the united nations agency that is responsible for the safety and security of shipping and the prevention of marine pollution.
The IMO adopted the Athens Convention relating to the carriage of passengers and their luggage by sea.
This Convention declares that a carrier is liable for damage or loss suffered by a passenger if the damage caused was during the course of the carriage and caused by fault or neglect carried out by the carrier.
In 2002 a protocol was adopted by the Athens Convention making insurance to cover passengers on ships compulsory and it also raised the limits of liability. The 2002 protocol was put in motion in Ireland on the 7th of November 2014
Liability limits are set in Special Drawing Rights; these are a mix of different currency values established by the international monetary fund.
Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents applies in all European Union and EEA member states:
The regulation applies to all international voyages where:
• The ship is flying a member state flag or is registered in a member state
• The contract of the carriage was signed in a member state
• The place of departure or arrival is situated within a member state
The Regulation can also apply to domestic sea voyages.
When loss is suffered as a result of the death of or personal injury to a passenger caused by a shipping incident the carrier is strictly liable for up to 250,000 SDRs.
A shipping incident can be in the form of a capsize, shipwreck, collision, stranding, fire or explosion on the ship or a defect in the ship itself.
If the loss or damage exceeds 250,000 SDRs the carriers can be liable up to a new limit of 400,00 SDRs, unless the carrier can prove they were not at fault. If the loss was not as a result of a shipping incident and the passenger can prove fault or negligence, the ship is liable up to a limit of 400,000 SDRs. The carrier and passenger are entitled to agree on a higher limit
Death or personal injury caused by a shipping incident forces the carrier to give an advanced payment out within 15 days to cover any financial needs. The minimum advanced payment for death is €21,000. Any advanced payment given out is not an admission of liability.
Ships carrying more than 12 people are required to have insurance in place or another type of financial plan to cover liabilities of up to 250,000 SDRs per passenger.
A claim for compensation may be brought directly against the insurer.
Each passenger must be informed by the carrier clearly of what their rights are under this regulation
The information must be provided in the most appropriate format:
• At all points of sale, included via telephone or internet where the contract is signed in a member state
• Prior to departing from a member state
• Upon departing in all other cases
*Any legal action taken to claim compensation for the death of or a personal injury to a passenger must be taken within 2 years of the negligence
If you or a loved one have been the victim of personal injury or death resulting from a cruise ship accident, contact our personal injury solicitors to discuss whether you are entitled to compensation.
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
Pat Murphy, a 34-year-old father, died after a ruptured artery went undiagnosed at Cork University Hospital. Despite suffering severe chest pains, he faced a nine-hour wait for a CT scan, delayed further by a malfunctioning machine. His family claims this delay contributed to his tragic death.
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