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LITIGATION - Defective Goods - What is Product Liability?
Product liability refers to the legal responsibility imposed on a manufacturer, distributor, or seller for producing or selling a defective product that causes injury or harm to a consumer/purchaser. Under Irish Consumer Law there is protection for consumers under the Liability for Defective Products Act 1991, which came into force from the European Directive 85/374/EEC – this was known as the Product Liability Directive. This Directive established a regime of strict liabilit
PAL Admin
5 hours ago2 min read


Common reasons why Medical Negligence claims fail
Even in cases where very serious injury has occurred, you still have to prove it happened because of an act or omission of medical negligence. You must establish that a hospital or consultant owed you a duty to take reasonable care of you as their patient, that they breached that professional duty and that directly led to the injuries suffered by the patient. It is a lot easier to claim against other motorists or playground owners than it is to claim against your own surgeon
PAL Admin
Jul 213 min read


ASSISTED DECISION-MAKING - The Legality of ‘Ceiling of Care’ by Medical Professionals
A case was brought by the HSE to the High Court to determine the legality of medical professionals in refraining giving life-prolonging interventions against the will of a patient who has refused treatment despite his reduced capacity. The patient was aged 78 who had a history of severe depressive illness with psychotic features. Over the previous two years, the patient had become frail, sustained multiple serious fractures and serious weight loss. During this time, the pat
PAL Admin
Jun 33 min read


What Amounts to a Breach of a Written Contract
Put simply, a breach of contract happens when one party fails or refuses to perform what it is required to do under the contract. To establish a breach, it must be shown that there was an unambiguous obligation in the contract to perform. The language used in the contract will be scrutinised by a judge in determining what was actually agreed between the parties. Vague clauses will not assist. Binding Obligation To find a breach by a party, the contract must clearly stat
PAL Admin
Jun 32 min read


DEFAMATION LAW IN IRELAND
An Overview If a person or organisation makes an untrue comment or statement about another person, that person can sue for defamation. In say a work situation where you believed that a colleague did some act or omission that was not permitted regarding their work which might harm the business in some way and you felt obliged to report this to the employer, this would be a privileged statement . In doing so the protection only applies if you honestly believed that the stateme
PAL Admin
Mar 53 min read


WORKPLACE INJURY Employers Not Necessarily at Fault Where an Everyday Accident Occurs in the Workplace
A stable employee working in a racehorse trainer’s premises injured his back while emptying a wheelbarrow of horse dung into a dung heap. He claimed that the injury occurred while he was emptying a wheelbarrow on an upward incline of soiled hay while at work at the employer’s stables. The plaintiff/appellant had been tasked with filling 10–15 wheelbarrows of soiled hay from the horseboxes and then emptying those wheelbarrows into a dung heap each day. He was asked to throw l
PAL Admin
Feb 52 min read
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