Lacey Solicitors, Author at Lacey Solicitors | Specialist Insurance Law Firm

Understanding Limitation Periods for Personal Injury Claims in Ireland: Impact of Estoppel and Key Case Law

Posted on 3 March 202527 February 2025 by Lacey Solicitors

Personal injury claims in Ireland are subject to strict limitation periods, governed by the Civil Liabilities and Courts Act 2004 and the Statute of Limitations Act 1957. If you have suffered a personal injury due to someone else’s negligence, understanding these limitation periods is important. Failing to initiate a claim within the prescribed time can result in your case being dismissed. However, as illustrated in Tsiu v. Campbell Catering Ltd T/A Aramark Ireland [2022] IEHC 391, the application of the statute of limitations can be influenced by the conduct of the defendant, especially when the principle of estoppel is applied.

This article discusses the importance of limitation periods for personal injury claims in Ireland, the role of estoppel in preventing defendants from relying on the statute of limitations, and key case law such as Tsiu v. Aramark Ireland that have shaped this area of personal injury law.

What Are Limitation Periods for Personal Injury Claims in Ireland?

In Ireland, the limitation period for personal injury claims is governed by the Statute of Limitations Act 1957. Generally, you must file a personal injury claim within two years from the date of the accident or the date you become aware of the injury and the person responsible. This is known as the date of knowledge rule. If you fail to file a claim within this period, your claim may be dismissed, and you could lose the opportunity to claim compensation for your injuries.

The Civil Liabilities and Courts Act 2004 also requires that a claimant notify the responsible party of their intention to pursue a claim within one month of the accident. If you do not meet this requirement, it could jeopardise your ability to recover legal costs or even prevent the case from proceeding.

Key Dates in the Personal Injury Claims Process

When calculating the limitation period, it’s important to understand the critical dates involved in the personal injury claims process:

Date of the Accident or Date of Knowledge: This is when the injury occurred or when the claimant became aware of the injury and the person responsible for it.
Expiration of the Limitation Period: The two-year period begins from the date of the accident or the date you became aware of the injury.
Form A Submission to PIAB: The date you submit your claim to the Personal Injuries Assessment Board (PIAB).
Acknowledgment and Authorisation from PIAB: Once PIAB acknowledges your claim, it may issue authorisation to proceed to court if necessary.
Issuing Court Proceedings: You have six months from PIAB’s authorisation to issue court proceedings.
Balance of the Two-Year Period: The remaining time left in the two-year limitation period for filing court proceedings.

What Is Estoppel and How Does It Affect Limitation Periods?

Estoppel is a legal principle that prevents a party from going back on a representation or assumption that has misled another party into acting to their detriment. In personal injury claims, estoppel may prevent a defendant from relying on the statute of limitations defence if their conduct misled the claimant into believing the time limit would not be enforced.

The principle of estoppel was clearly illustrated in the case of Tsiu v. Campbell Catering Ltd T/A Aramark Ireland, where the defendant’s conduct—including admitting liability and engaging in settlement discussions—created a reasonable expectation in the plaintiff that the limitation period would not be raised. The defendant later attempted to use the statute of limitations as a defence despite having communicated in a way that misled the claimant.

Key Case Law: Tsiu v. Campbell Catering Ltd T/A Aramark Ireland

In Tsiu v. Campbell Catering Ltd T/A Aramark Ireland, the plaintiff was injured in a work-related accident on 4 December 2013. The defendant’s insurer admitted liability in August 2015 and initiated settlement discussions. However, the claimant’s Form A to PIAB was submitted five days after the statutory deadline. Despite this, the insurer continued discussions without setting a deadline for concluding negotiations.

Later, the defendant attempted to raise the statute of limitations defence, arguing that the claim was time-barred. The key question was whether the insurer’s conduct could prevent them from relying on the statute of limitations. The High Court ruled in favour of the plaintiff, finding that the defendant was estopped from raising the limitation defence due to their conduct.

The Role of Murphy v. Grealish in Personal Injury Claims

The case of Murphy v. Grealish [2009] IESC 9 established the legal precedent that defendants could be estopped from raising the statute of limitations if their conduct misled the claimant into believing that the claim would not be time-barred. In this case, the defendant’s insurer had admitted liability and engaged in settlement negotiations even after the limitation period had expired. The Supreme Court found that the insurer’s actions had misled the plaintiff into believing the limitation period was no longer an issue.

In Tsiu v. Aramark Ireland, the High Court applied the same principles from Murphy v. Grealish. The court found that the defendant’s conduct—admitting liability, engaging in settlement discussions, and requesting medical reports—had created an expectation that the limitation period would not be enforced. As a result, the defendant was estopped from raising the statute of limitations defence.

How Can Estoppel Impact Your Personal Injury Claim?

Estoppel can be a powerful tool for claimants if the defendant’s conduct has misled them into believing that the statute of limitations would not apply. If you have been negotiating with an insurer or defendant who has admitted liability or engaged in settlement discussions, and the statute of limitations is about to expire, estoppel may prevent them from using the limitation period as a defence.

If you are in a similar situation, it is important to seek legal advice promptly. An experienced solicitor can assess whether estoppel applies in your case and advise on how to proceed.

Conclusion: Defendants Can Be Estopped from Relying on the Statute of Limitations

The case of Tsiu v. Campbell Catering Ltd T/A Aramark Ireland demonstrates that defendants can be estopped from raising the statute of limitations defence if their conduct misleads the claimant into believing that the claim would not be barred by the time limit. This principle of estoppel, supported by previous case law such as Murphy v. Grealish, highlights the importance of careful conduct during settlement negotiations and communications in personal injury claims.

For Claimants: It is vital to act quickly to ensure your personal injury claim is initiated within the statutory time limits. However, you should also be aware that, in some cases, the defendant’s actions may prevent them from raising the statute of limitations as a defence.

For Defendants and Insurers: Ensure that your actions do not create a false impression regarding the statute of limitations. If you admit liability or engage in settlement discussions, do so in a way that does not mislead the claimant into believing the limitation period is not relevant.

If you have been involved in an accident in Ireland and are considering making a personal injury claim, contact a solicitor as soon as possible to discuss your case and ensure that any potential issues regarding limitation periods are addressed.

Understanding Noise Induced Hearing Loss and Tinnitus Personal Injury Claims

Posted on 3 March 20256 March 2025 by Lacey Solicitors

Noise induced hearing loss and tinnitus are injuries which tend to affect those working with heavy/loud machinery such as construction workers or police . Consistent exposure to loud noises without sufficient ear protection can cause permanent damage to your hearing.

If you have been affected by noise induced hearing loss or tinnitus through your workplace, then you may be eligible to bring a claim for compensation against your employer. This article explains what you need to know, should you lose your hearing thanks to your job.

What is Noise Induced Hearing Loss?

Sometimes known as Industrial Deafness, noise induced hearing loss is a common complaint in industries which rely on heavy machinery to produce goods or services. This industrial injury is one of the most common types of hearing loss you might encounter with the exception of age related hearing impairment.

Often an individual will begin to have difficulty hearing and only when they speak with their primary care physician do they appreciate that it may be due to noise from the workplace. If this is the case then speak to one of our dedicated hearing loss personal injury solicitors in Northern Ireland. Once we understand the intricacies of your case, we can help guide you smoothly through the process of bringing your compensation claim.

Tinnitus: The Other Hearing Related Issue

Hearing loss caused by industrial machinery goes hand in hand with tinnitus. This is when a loud ringing in the ears can block out all other sounds. Attacks are random and can be frustrating.

Tinnitus is usually caused by exposing your hearing to loud sounds for prolonged periods. It can be both temporary and permanent. You can learn more about the symptoms of hearing loss and tinnitus from the experts at Healthy Hearing. Incidentally, they report that around 90% of all people suffering tinnitus also have hearing loss issues.

Causes of Noise Induced Hearing Loss

Exposure to high levels of noise can erode your capacity for accurate hearing.

Imagine you have to use an industrial strength drill day in, day out. Your employer should provide you with adequate protection for your ears. If they fail to do this – and even if that equipment is faulty – then you can end up with permanent hearing damage over time.

Since noise is the key factor in hearing loss of this kind, there are certain job roles which place the employee in greater danger than others. Jobs which might contain exposure to prolonged high volumes include:

Construction workers using heavy duty tools.
Airport operatives dealing with jet engines.
Nightclub staff who regularly hear high volume music.
Agriculture workers using heavy machinery or vehicles.
Factory workers in the manufacturing industry.
Police in law enforcement during weapons training.

Symptoms of Tinnitus and Hearing Loss

There are signs and symptoms which can indicate that you are suffering from hearing loss. You should look out for the following symptoms:

Having to turn the TV volume up loud to hear it.
Missing people knocking the door or the phone ringing.
Hearing sounds as far away or indistinct.
Being unable to pick out a voice against the backdrop of a busy pub or shop.
Limited tones – if you are losing your hearing then you may not be able to hear the same pitches as you once did.

Seeking Compensation for Noise Induced Hearing Loss and Tinnitus

If you have the above symptoms then you should schedule a hearing test with your GP. According to the Control of Noise at Work Regulations of 2006, Northern Irish employers have a duty to minimize noises in the workplace and to give you sufficient PPE. If your employer has not done so, then it is time to complain.

Contact Lacey Solicitors Firm today to discuss the details of your hearing loss. Claiming compensation for your losses is easier than you think, when you have the right team in your corner.

Call Lacey Solicitors Today on 028 9089 6540.

Your Guide to Industrial Disease Compensation Claims in Northern Ireland

Posted on 3 March 20254 March 2025 by Lacey Solicitors

It is possible to bring a claim for compensation against an employer should you or a loved one suffer from an industrial disease or an industrial injury. If you live in Northern Ireland and you require advice from an industrial disease solicitor, Lacey Solicitors may have the answers you need.

What is Classed as an Industrial Disease?

The Health and Safety at Work Legislation in Northern Ireland set out clear regulations on what an employer must do to provide for the care of an employee. When an employer fails in this duty of care industrial accidents happen. Industrial injuries and industrial diseases are the possible results.

An industrial illness is one contracted at work, or due to hazardous materials which you work (or worked) with. You must have been employed when the disease, injury, or illness was contracted. These problems often arise due to unsafe working conditions. If your employer did not facilitate PPE or alternatively did not take steps to protect you from industrial injuries during your employment, you may be able to pursue a claim for compensation.

Common Examples of Industrial Diseases

Thankfully, due to increased awareness and campaigns from the Health and Safety Executive industrial diseases themselves are no longer common due to improved health and safety in the workplace. Unfortunately there are some situations where they can still occur. Our office are regularly instructed in relation to the following types of cases:

Asbestos Related Diseases – Asbestosis is a serious lung condition causing scar tissue and inflammation inside the lungs. Asbestos was a widely used building material up until the early nineties. Construction workers from this era might suffer from this chronic lung condition.
Skin Diseases – Dermatitis and Psoriasis are common skin conditions which occur when the skin comes into contact with certain chemicals. Your employer should provide you with safety gloves and equipment. Otherwise you may have grounds for a claim for compensation.
Repetitive Strain Injuries (RSI) – RSI include Carpal Tunnel syndrome, vibration related white finger, overuse injuries and certain chronic pain syndromes. Read more about Repetitive Strain Injury here.
Hearing Loss – If your employment exposed you to continuous loud sounds without ear protection, you could bring a claim for compensation against an employer.

How Long Does an Industrial Injury Claim Take?

This is one of our most frequently asked questions and often one of the hardest to answer. Most straightforward industrial disease claims, where liability is admitted and all parties are identified can be brought to a suitable resolution within 12 months from our office being instructed.

If your claim for compensation after an industrial accident is not straightforward, perhaps where the injury is particularly severe, or where parties are unknown, or liability is disputed, it will in all likelihood take longer to resolve.

Our advice, as ever, is to hire a professional legal team to represent and initiate the claims process just as soon as you become aware of the injury.

How Much Can I Get in Compensation?

There is no way to tell without gaining the advice of an expert. Industrial injury solicitors like Lacey Solicitors are skilled in Northern Irish compensation claim law. Get in touch with our professional, friendly, and reassuringly experienced team today to discuss your industrial injuries claim.

Seek Advice on a Potential Industrial Disease/Industrial Injury Claim

If you think you may be eligible for compensation due to an industrial injury or disease, then seeking legal advice is the next logical step. Lacey Solicitors have a Belfast branch who are skilled at handling industrial disease claims in Northern Ireland. Contact us now to discuss your situation in greater detail and get the legal advice you require in order to move on with your life.

Call Lacey Solicitors Today on 028 9089 6540.

Severe Weather Related Personal Injury Claims in Northern Ireland

Posted on 3 March 20256 March 2025 by Lacey Solicitors

However, attributing an accident solely to poor weather is not enough to explain why an injury or, in the worst cases, a fatality occurred. The key issue lies in the circumstances that allowed the dangerous weather conditions to have such an impact. Was proper risk assessment and preparation in place? Could negligence or oversight have contributed to the situation? These are critical questions to consider when determining the true cause of the incident and those questions can be answered by appointing specialist personal injury solicitors. Seek out a consultation with one of our lawyers if you wish to discuss a personal injury claim in Northern Ireland.

Bad Weather Worsens Accident Rates

Weather conditions such as heavy rain, snow, ice, and fog can significantly impair visibility, traction, and reaction times, leading to a higher rate of accidents. Additionally, adverse weather can cause dangerous falls, broken bones, and injuries from slipping on icy or wet surfaces. In fact, accidents related to weather conditions, including road traffic collisions (RTAs), hail, snow, and ice-related injuries, rise during colder months.

With the ongoing impact of climate change, extreme weather events are expected to become more frequent, exacerbating the risk of personal injuries in the coming years.

What Types of Personal Injury Happen in Cold Weather?

Winter and adverse weather conditions present various types of accidents. Here are some common weather-related personal injuries you may encounter:

Slipping Indoors or Outdoors

Slippery surfaces due to ice, snow, or rain can result in falls both indoors and outdoors. In shopping centres, supermarkets, and public areas, wet floors often cause people to slip, leading to broken bones, muscle strains, or soft tissue injuries.

Flooding Injuries

Flooding can lead to serious injuries, and has become a real threat in some parts of Northern Ireland where it is more prevalent. While drowning is a significant risk, floodwater often contains harmful bacteria, raw sewage, and debris, which can lead to infections and sepsis from cuts and scrapes.

Road Traffic Collisions

Bad weather is a significant factor in increased RTAs (Road Traffic Accident). Poor visibility affects drivers’ response times. Wind can flip tall vehicles and snow can bring traffic to a standstill. There were 4,977 road traffic accidents from 2023-2024.

According to leading UK insurers January is the month with the highest percentage of traffic accidents occurring in wet conditions, accounting for 15.3% of all incidents. It is followed closely by November (14.9%) and February (14.6%). Surprisingly, the warmer summer months still pose a risk, with July and August seeing 9% of accidents occurring in rainy weather. This shows that regardless of the season, drivers should always stay alert when the weather takes a turn for the worse.

Outdoor Worker Safety Becomes Compromised in Bad Weather

If you are a bricklayer, a roofer, or a day labourer working in construction then the risks associated with the job sharply increase in high winds, rain, or snow. Your employer has a duty of care to keep you safe while you are carrying out your daily duties. Slippery surfaces, falling debris, farming and agriculture incidents, and construction site safety issues all occur in bad weather.

The Importance of Hiring a Personal Injury Solicitor

If you’ve been involved in an accident due to weather conditions, whether on the road or at work, seeking legal advice is crucial. Personal injury solicitors specialise in representing individuals who have been injured in accidents caused by another party’s negligence, including poor road maintenance, unsafe working conditions, or inadequate safety measures.

Our personal injury checklist can allow you to take the first steps towards recovery.

A solicitor will help you navigate the claims process, gather the necessary evidence, and fight for the maximum compensation you’re entitled to. Compensation can help cover medical expenses, lost wages, and the pain and suffering caused by the accident.

Prioritise Safety in Bad Weather and Seek Legal Advice

You have only one obligation throughout periods of bad weather and that is to keep yourself and your family safe. Read our article on how to stay safe in dangerous weather conditions. Once the bad spell has passed and you are left to deal with the fallout from an injury, it is time to seek legal advice.

Lacey Solicitors Firm include skilled personal injury solicitors who can become your voice in the legal system. Seek out a consultation today to discuss your options.

Further Calls from Mr Justice Twomey for Discovery Reform in Irish Courts.

Posted on 27 February 2025 by Lacey Solicitors

In a recent judgment delivered on 27th February 2025 in the case of Recorded Artists Actors Performers Ltd v. Phonographic Performance (Ireland) Ltd, Mr. Justice Twomey provided a compelling commentary on the inefficiencies and financial burden caused by Ireland’s outdated discovery rules. The case sheds light on a pressing issue that has been repeatedly identified in the Irish courts – the need for immediate reform in discovery practices.

Our office last month provided our analysis on the Discovery procedure in Ireland with reference to the ongoing Conor McGregor Saga. This week, Justice Twomey’s observations echo the sentiments of Judge Hogan in the Court of Appeal decision in Tobin v. Minister for Defence, where he stated:

“…this appeal serves to illustrate the crisis – and there really is no other word for it – now facing the courts regarding the extent of the burdens, costs, and delays imposed on litigants and the wider legal system by the discovery system as it presently operates.”

This stark assessment captures the essence of the crisis facing the Irish legal system, with discovery rules that are not only outdated but are increasingly proving to be an obstruction to justice, placing heavy financial and procedural burdens on all parties involved.

The 19th-Century Legacy of Discovery Rules

Justice Twomey’s commentary draws attention to the continuing use of discovery rules based on the 1882 case Compagnie Financière et Commerciale du Pacifique v Peruvian Guano Co, which are, he says, ill-equipped to deal with the modern challenges posed by the explosion of electronic data. He echoed the findings of the Kelly Report of 2020 namely that these rules are “completely unsuited” to an era of digital information. Despite this clear mismatch, the Irish courts are still applying these antiquated rules, leaving litigants to navigate a discovery process described as a “monster.”

The Kelly Report recommended a straightforward solution: the introduction of a new draft order to replace the existing discovery rules. Yet, despite the passage of four years since the report’s publication, these reforms remain unimplemented.

“All of this means that this Court, which is supposed to administer justice, has no choice but to apply 19^th century discovery rules that ‘obstruct’ justice.”

Financial Burden and the “Monster” of Discovery

Twomey brought the financial impact of the discovery process into sharp focus. The defendant in this case was required to search an astonishing 1.78 million documents for the purpose of discovery, which was eventually narrowed down to 81,378 potentially relevant documents. With six reviewers working at a rate of 400 documents per day, the process would take more than seven weeks. Twomey estimates that if it were just one lawyer tasked with reviewing the documents, it would take nearly an entire year of full-time work.

“This means that a person who is unlucky enough to be involved in litigation in the High Court could end up having to pay for one lawyer to work full time doing nothing else for a year for the purposes of just one aspect of the litigation, i.e. discovery.”

Justice Twomey highlighted that the cost of having one lawyer review these documents could reach €250,000, based on an estimated hourly rate of €150. If both the plaintiff and defendant had similar discovery costs, the total could climb to €500,000 for discovery alone. These figures highlight the enormous financial burden that the discovery process places on litigants, particularly in complex cases such as commercial disputes or insurance claims, where large volumes of documents are common.

The Tobin case further quantified the financial burden, showing that discovery alone can account for up to 50% of the total costs of litigation in some cases.

The Crisis of Discovery in the Legal System

The legal profession represented on the Review Group in the Kelly report unanimously recommended ‘the abolition of discovery as it is now known.’

The costs associated with discovery often represent a substantial portion of total litigation expenses, and in complex cases, these costs can spiral out of control, deterring parties from seeking legal redress altogether.

The failure to modernise the discovery process is a missed opportunity to create a more efficient and equitable justice system. The current rules contribute to delays and cost overruns that undermine confidence in the legal system.

The Call for Discovery Reform

The Kelly Report made it clear that the Irish legal system requires an urgent overhaul of discovery rules. The proposed reforms were designed to be both practical and cost-effective, but they remain stalled, leaving the courts to continue applying a system that has been criticised for decades.

Twomey highlights that whilst the courts have no role in changing these 19^th century rules (as this is the job of the Oireachtas), it is however the role of the courts to try to improve the system for litigants wherever possible.

The Supreme Court in Tobin argued that the advantages of discovery still largely outweigh its disadvantages but the Kelly Report Review Group took a radically different view. They concluded that discovery, as it currently operates, represents a real and pressing threat to the administration of justice. The Review Group argued that it is no longer just an inefficient process but one that has grown into a “monster,” necessitating far-reaching reform to prevent further obstruction of justice.

As Justice Twomey observed, the failure to act on the Kelly Report’s recommendations is frustrating, particularly given the mounting financial and procedural costs caused by the current system. The Review Group’s call for discovery reform is not merely a suggestion for incremental change but a call for a radical overhaul of how discovery is conducted in Irish courts, recognising the significant barriers it now presents to justice.

For over 20 years, Irish courts have recognised the need for change. From Sheehy v. Government of Ireland (2002) to Thema International Fund v. HSBC (2011), various judgments have highlighted how the discovery process has become more of a hindrance than a help in delivering justice.

‘Rather than assisting the administration of justice [the discovery process] had over the years become a potential source of injustice itself’

Conclusions on Irish Discovery Reform

Justice Twomey’s commentary once again highlights the urgent need for discovery reform in Irish courts. The decision draws attention to the financial burdens imposed by the outdated rules, which were designed in a different era and no longer serve the needs of modern litigation.

The current discovery system in Ireland is not only inefficient but also detrimental to the financial well-being of those involved in litigation. The failure to implement the reforms suggested in the Kelly Report represents a missed opportunity to streamline the discovery process, reduce legal costs, and improve access to justice.

It remains for the Oireachtas to act, ensuring that the discovery process evolves in line with modern legal and technological realities. Without this change, the “monster” of discovery will continue to obstruct justice and drive up costs for all parties involved.

Lacey Solicitors Continues Proud Legacy of Representing Young Solicitors on a National Level with Two New Committee Appointments

Posted on 27 February 202527 February 2025 by Lacey Solicitors

Lacey Solicitors is pleased to announce that two of its current solicitors, William Wilson and Aisling Creegan, have been elected onto the committee of the Northern Ireland Young Solicitors’ Association (NIYSA) for the 2025 term. This appointment highlights the continued leadership role Lacey Solicitors plays in representing young solicitors at the national level, further reinforcing its commitment to nurturing the next generation of legal talent.

William Wilson Elected Vice-Chair of NIYSA

William Wilson, property lawyer at Lacey Solicitors, has been elected as the vice-chair of the NIYSA for the upcoming year. Wilson will play a pivotal role in steering the association through the challenges and opportunities that lie ahead for young solicitors in Northern Ireland.

Aisling Creegan Elected membership secretary of NIYSA

Aisling Creegan, another solicitor from Lacey Solicitors, will serve as the membership secretary of the NIYSA. This new appointment further underscores Lacey Solicitors’ significant influence within the association, as the firm continues to empower young solicitors in the region and provide them with platforms to thrive in their careers.

NIYSA’s Role and Importance

The NIYSA, established in 1984, represents and advocates for young solicitors in Northern Ireland. As a member-driven organisation, the association promotes the interests of solicitors with less than 10 years of post-qualification experience. It offers opportunities for professional development, networking, and the sharing of best practices among its members, all while supporting them through the evolving challenges of the legal profession.

The other committee members are Emma Falloon as Chair, Katherine Macauley as secretary, Shannan Greer as treasurer, Emma Doherty as CPD co-ordinator, Victoria Kinkaid as social media manager, Tony McCann as membership engagement officer, Morgan Giovanna Pennie as trainee rep and Sarah Swann as LawCare representative.

Lacey Solicitors: A Proud History with NIYSA

Lacey Solicitors’ connection with the NIYSA runs deep, as the firm has a long and proud history of involvement with the association at a national level. Current partner Ruaidhri Austin is a notable example of Lacey Solicitors’ commitment to young solicitor advocacy. Ruaidhri was previously elected as the chairman of the NIYSA, an esteemed role that saw him lead the association through a transformative period. His tenure, which saw a continued emphasis on professional development and member engagement, paved the way for ongoing improvements in how the NIYSA supports its members.

With these recent appointments, Lacey Solicitors maintains its dedication to representing young solicitors and supporting their professional journeys. Both William and Aisling bring invaluable expertise and energy to their respective roles, and Lacey Solicitors is confident that their contributions will help drive the continued success and development of the NIYSA.

As the legal profession faces ongoing changes, including the aftermath of the global pandemic, the need for a strong, supportive network for young solicitors has never been greater. Emma Falloon, the newly elected chair of the NIYSA, has expressed her commitment to strengthening engagement with members across Northern Ireland and beyond. She aims to continue building lasting connections with counterparts in the UK, Ireland, Europe, and further afield, all while fostering the mental health and well-being of young solicitors through continued collaboration with organisation like LawCare.

Lacey Solicitors’ continued involvement in the NIYSA is a testament to the firm’s dedication to fostering a supportive, dynamic, and resilient legal community. With William Wilson and Aisling Creegan joining the ranks of the NIYSA’s leadership, the firm’s commitment to empowering young solicitors is stronger than ever, ensuring that they are well-equipped to meet the challenges of the modern legal landscape.

Conclusion

Lacey Solicitors extends its congratulations to both William and Aisling on their appointments and looks forward to seeing the positive impact they will undoubtedly have on the NIYSA and the wider legal profession in Northern Ireland.

How to Stay Safe During Dangerous Weather Conditions: A Guide for Employers and Employees

Posted on 27 February 202527 February 2025 by Lacey Solicitors

As winter sets in, Ireland experiences colder temperatures, shorter daylight hours, and an increase in dangerous weather conditions like snow, ice, and heavy rain. These conditions can significantly increase the risk of accidents, especially slips, trips, and falls, which are common during the autumn and winter months. With many employees commuting in the dark and the weather worsening, it’s important to take proactive steps to ensure safety in the workplace.

In this article, we will provide guidance on how both employers and employees can stay safe during dangerous weather conditions and reduce the risk of accidents in the workplace.

What Should Employers Do to Prevent Accidents?

As the weather deteriorates, it’s essential that employers take appropriate steps to reduce the risks posed by icy conditions and hazardous outdoor environments. Here are some key actions your employer should take to protect their workforce:

Grit Walkways and Entrances:
If ice or snow is forecast, it is essential for employers to ensure that all walkways, pedestrian entrances, and paths are properly gritted. Grit (or rock salt) helps prevent the formation of ice, but it takes time to work, so the best practice is to grit the evening before the temperatures are expected to dip below freezing and again in the morning before employees arrive. Regular gritting throughout the day may also be necessary during ongoing weather conditions.
Winter Weather Risk Assessments:
A responsible employer should conduct a thorough risk assessment to identify any potential hazards that may arise due to dangerous weather conditions. These might include:
- Paths under trees that are at risk of becoming slippery from falling leaves.
- Blocked gutters that may cause excess water to spill onto pathways.
- Areas that are perpetually shaded, leading to the build-up of moss, algae, or ice.
- Poorly lit areas where it may be difficult to spot potential hazards like ice or debris.
Ensure Proper Drainage:
Ensure that drainage grids are free from obstructions to allow for the smooth flow of water. This will prevent water from pooling on walkways and causing further slip hazards.
Clear Outdoor Paths and Walkways Regularly:
Regularly clear paths of fallen leaves, moss, and other debris. Employers should also prune back overhanging trees or shrubs that may obstruct walkways or contribute to dangerous conditions.
Non-slip Mats and Wet Floor Signage:
Provide non-slip mats at entrances to buildings to help absorb moisture and prevent slips. Additionally, ensure that wet floor signs are clearly visible in areas that are likely to be slippery due to incoming weather conditions.
Communicate Policies to Employees:
Make sure all employees are aware of the firm’s winter or dangerous weather policy, including the steps to take when encountering hazardous conditions. Encourage them to report any hazards they notice on the premises.

What Can Employees Do to Stay Safe?

While employers have a responsibility to ensure workplace safety, employees also play a crucial role in maintaining a safe working environment during dangerous weather. Read our article on the steps and employee can take:

Report Hazards Promptly:
If you notice a potential hazard, such as a build-up of leaves, blocked drainage, or slippery surfaces, report it to your employer immediately. Prevention is always better than dealing with an injury.
Wear Appropriate Footwear:
When working outdoors in dangerous weather conditions, ensure you are wearing sturdy, non-slip footwear. This is one of the simplest ways to avoid slipping or falling.
Familiarise Yourself with Company Policies:
Make sure you understand your company’s winter or dangerous weather and risk assessment policies. Know what to do in case of an emergency or hazardous conditions and follow the safety procedures laid out by your employer.
Be Mindful of Your Surroundings:
Always be aware of any hazards on your way into and out of the workplace. Take extra caution when walking in poorly lit areas, and avoid rushing if conditions are slippery.

Additional Tips for Staying Safe in Dangerous Weather

In addition to workplace safety, it’s also important to take steps to stay safe in your personal life, especially if you need to travel during extreme weather conditions. Here’s how you can protect yourself:

Avoid Unnecessary Travel:
If dangerous weather is forecast, the first and most important rule is to ask yourself: “Do I really need to go out?” Driving in heavy rain, snow, or high winds can be dangerous, especially with fallen debris and flooded roads. Only travel if absolutely necessary, and ensure you check local weather reports for any disruptions.
Driving in Dangerous Weather:
If you must drive, ensure you are prepared:
- Keep a firm grip on the wheel, especially when driving over bridges or in areas with little shelter from the wind.
- Avoid overtaking other vehicles when wind conditions are high.
- Slow down and drive cautiously when visibility is poor or when there is standing water on the road.
- Always carry essential supplies such as food, water, blankets, and a fully charged phone in case of emergency.
Stay Indoors During Storms:
During extreme weather like storms, stay inside as much as possible. Avoid walking near buildings, trees, or fences that could collapse due to strong winds or flying debris. Listen for weather updates on the radio and TV to stay informed about any safety risks.
Prepare for Power Cuts:
In case of power loss, turn off non-essential appliances but leave a light on to indicate when power has been restored. Ensure you have warm clothing, a flashlight, and any necessary supplies ready in case you need them.
Take a note of important numbers:

The Health and Safety Executive in Northern Ireland has a list of emergency contact numbers on their website that you should save in case you need them.

What to Do After a Storm

Once a storm has passed, be sure to check for any damage to your home, workplace, or property. Here are some key actions to take:

Contact your insurance company to report damage as soon as possible.
Avoid walking around exposed electrical lines or other hazards.
If necessary, arrange for emergency repairs to prevent further damage.
Keep receipts for any repairs or emergency services as they may be needed for your claim.

Can You Claim Compensation for an Accident?

If you suffer an accident at work due to dangerous weather conditions, you may be entitled to compensation, especially if your employer failed to implement necessary safety measures or carry out a proper risk assessment. If you’ve experienced an injury due to slipping on an icy surface or other weather-related hazard, contact a personal injury lawyer to discuss your options. Our team at Lacey Solicitors is here to provide expert advice on your case.

Call our Belfast office on 028 9089 6540 or complete our online contact form to arrange a consultation. Our friendly team is here to guide you through every step of the claims process and help you secure the compensation you’re entitled to.

Case Study – Ciara’s £6,000 Settlement for her Allergic Reaction Work Accident Claim in Belfast

Posted on 26 February 202526 February 2025 by Lacey Solicitors

Case Study: Successful Work Accident Claim – Ciara’s £6,000 Settlement

Client: Ciara
Settlement: £6,000
Location: Belfast
Case Type: Work Accident Injury Claim

Overview: Ciara’s Work Accident and Injury Claim

Ciara, who suffers from a severe nut allergy, was employed at a popular Belfast hotel. On the day of her accident, a number of new chefs from across the UK and Ireland were testing new menu items. Among the dishes being tested was a chocolate-based dessert containing nuts, which Ciara was unaware of.

Although Ciara did not consume or touch the dessert, she was in close proximity to the kitchen where the dish was being prepared. Within minutes, Ciara began experiencing difficulty breathing and developed a rash, signs of a severe allergic reaction. Upon realizing that the dessert contained nuts, she immediately used her Epipen and was driven to the Royal Victoria Hospital in Belfast for urgent treatment.

Why Ciara Contacted Lacey Solicitors

Feeling frustrated and concerned about her safety at work, Ciara sought legal advice from Lacey Solicitors’ personal injury team. She was given a free, no-obligation consultation with Ruaidhri Austin, Partner at Lacey Solicitors.

After discussing her case, Ciara decided to pursue a personal injury claim against her employer for failing to ensure her safety in the workplace. Lacey Solicitors were impressed at the steps taken by Ciara following the accident at work. Ruaidhri sent a formal letter of claim to the hotel’s management and arranged for medical reports from an emergency medicine consultant from Royal Victoria Hospital in Belfast to support Ciara’s case.

The Employer Denies Liability

Ciara’s employer quickly denied any liability, arguing that they had taken all reasonable steps to ensure her safety. Their Insurance company claimed Ciara’s allergic reaction was not caused by the menu testing event, denying the presence of any nuts in the kitchen that day. The employer also suggested that Ciara may have encountered nuts elsewhere prior to her shift.

Lacey Solicitors rejected these claims on Ciara’s behalf and immediately issued court proceedings against her employer claiming that they were in breach of the Health and Safety at Work Order 1978, the Control of Substances Hazardous to Health Regulations (NI) 2003 and the Management of Health and Safety at Work regulations (NI) 2000.

Settlement Negotiations and Legal Strategy

The insurance company on behalf of Ciara’s employers appointed Solicitors to Defend the case. They maintained that the injury was minimal lasting no more than 30 minutes and that the matter should be dismissed by the court. Furthermore, they warned Ciara that if the case proceeded, she could be ordered to pay their legal fees.

Lacey Solicitors firmly disagreed with the their position, advising Ciara that she had a strong case and should continue with the legal process.

Ciara’s employers solicitors eventually agreed to enter into settlement discussions. Although they initially proposed a minimal compensation amount, arguing that Ciara’s injury lasted only about 30 minutes, Lacey Solicitors successfully negotiated a settlement of £6,000 for Ciara’s injury, as well as her legal fees. Ciara received her compensation four months after we issued legal proceedings.

Why Choose Lacey Solicitors for Your Work Accident Claim

At Lacey Solicitors, with offices in Belfast and Dublin, we have a reputation as experts in insurance law and are committed to ensuring you receive fair compensation for injuries sustained in the workplace. Our expert team offers tailored legal advice, guidance, and representation to support you throughout the claims process.

Contact Lacey Solicitors in Belfast Today

If you’ve been injured at work, you can trust Lacey Solicitors to guide you through the claims process. We offer a free initial consultation with one of our expert solicitors who will help you understand your legal options.

Get in touch today using our online form to speak with a trusted accident at work solicitor in Belfast. We’re committed to providing you with expert legal advice and representation to help you get the compensation you deserve.

Accidents in the Workplace: Farming and Agriculture

Posted on 6 February 20254 March 2025 by Lacey Solicitors

The farming and agriculture industry in Northern Ireland and the UK has a disproportionately high number of accidents and fatalities when compared to other industries.

Farming and agricultural workers represent approximately 1% of the workforce in Northern Ireland. Nevertheless, this industry has the highest workplace fatality rate of all others.

Farmers, like any worker, should be properly compensated for their injuries if they were involved in an incident that was not their fault. Seeking personal injury compensation after an animal handling incident, an injury caused by farm equipment, or an injury caused by driving a farm vehicle, is how an employee might look to recover both financially and physically from an incident.

Serious Statistics Show NI Farm Workers are at Risk of Workplace Injuries

Farming and agriculture is a dangerous industry which has a long history of high fatality rates in Northern Ireland. During the period 2023-2024 there were 8 accidents in this sector which resulted in a workplace death. Of the total of 17 workplace deaths during that same period, farming and agricultural incidents represent 47% of all workplace fatalities.

Speaking at the 12th annual Farm Safety Week in July 2024, Robert Kidd, Chief Executive of the Health and Safety Executive for Northern Ireland said that the agriculture industry had “once again proved to have the poorest safety record of any industry in Northern Ireland.”

Mr Kidd added that thousands of farmers suffered every day due to serious injuries, long term health complaints, and poor mental health.

Common Types of Farming Accidents

There are common types of personal injury which farm workers experience. Falling from height is a common accident on a farm. Stacking hay bales and operating heavy machinery can result in trapped body parts. Repetitive strain injuries (RSI) are not uncommon.

Amputations, loss of limbs, animal handling incidents, and machinery operating are all common causes of agricultural accidents. Slips, trips, and falls are all common on the farm as are catastrophic injuries which can result in death.

Farming and Agricultural Work Accidents Go Beyond Physical Injuries

Here at Lacey Solicitors firm we understand the devastation that a farming injury can have on families. Physical injuries caused by faulty machinery or heavy farming equipment are incredibly difficult to deal with. However, farm trips, slips, falls, or other accidents also can have a lasting impact which goes beyond physical health.

Farmers who have long term health problems after an injury can lose income due to their limited mobility. This can have a knock-on effect on their mental health, leaving them unable to fully provide for their families which leads to financial instability. Seeking compensation for your personal injury at work on the farm could ensure you and your family are protected, should the worst happen.

Bring a Claim for Compensation to Cover the Cost of Farming Injuries

Have you been injured due to an accident on a farm? Do you work in the agriculture sector and need a trusted source to turn to for advice regarding how to bring a claim for compensation to cover the cost of your injuries after an accident?

Lacey Solicitors Belfast are here to help. Contact us today to discuss your options in bringing a compensation claim after your workplace accident.

PSNI Releases 2023-2024 Road Traffic Accident Statistics: A review of Injuries and Fatalities in Northern Ireland

Posted on 30 January 202531 January 2025 by Lacey Solicitors

The provisional road traffic collision figures for 2023-2024 have been released, revealing a concerning 7,833 recorded injuries resulting from 4,977 road traffic accidents. Road Traffic Accidents (RTAs) continue to account for the majority of personal injuries reported annually in Northern Ireland.

Road Traffic Statistics in Northern Ireland 2023-24

Provisional figures for road traffic collisions in Northern Ireland for 2023-2024 have been released, offering important insights into the latest trends surrounding road traffic accidents. The Police Service for Northern Ireland (PSNI) has broken down the data by age, gender, and month, revealing key patterns in fatalities.

During this period, 39 drivers tragically lost their lives in fatal road traffic accidents, while 8 pedestrians were killed, with a higher risk for males aged 25-64. In a surprising statistic, only one pedal cyclist died from injuries in a road traffic accident. A total of 68 people lost their lives on Northern Ireland’s roads in 2024, a slight decrease from 71 in the previous year.

The report highlights a concerning increase in drink driving which is further supported by the BBC article which confirmed that an alarming 132 motorists were arrested for drunk driving between December 1st and 15th, 2024.

For those injured in a road traffic accident, many seek to pursue a personal injury claim if they were not at fault. Whether involving passengers, pedestrians, or no-fault drivers, road traffic accidents are common, and many individuals turn to personal injury solicitors to guide them through the process of compensation claims and protect their financial interests.

Can You Make a Personal Injury Claim for Car Accidents in the UK and Northern Ireland?

At Lacey Solicitors, our advice to anyone involved in a collision is to speak with a solicitor who specialises in road traffic accidents. A specialist solicitor can offer valuable assistance, ensuring peace of mind when dealing with any damage caused, injuries suffered, or financial losses incurred. They will provide expert guidance throughout the claims process, helping you navigate complex legal procedures and maximize your compensation entitlement.

After a road traffic accident in Northern Ireland, you can make a compensation claim against the at-fault driver and their insurance company. In most cases, the at-fault party will cover any legal costs, allowing you to pursue your claim with minimal financial burden.

Can I claim Personal Injury even if the Accident was My Fault?

Even if you are largely at fault for a road traffic accident in the UK or Northern Ireland, you may still be able to make a personal injury claim under the principle of “contributory negligence.” This legal concept allows you to seek a percentage of damages from the other party if they share some of the responsibility for the accident.

For example, if you were making a right-hand turn and failed to check your mirrors, not noticing a vehicle overtaking you at the time, it could be argued that your actions contributed to the collision. However, it may also be argued that the other driver overtook you when it was unsafe to do so, which could share some of the liability.

Contributory negligence can reduce the amount of compensation you are entitled to, depending on the degree of fault attributed to each party. It’s important to consult with a specialist road traffic accident solicitor to evaluate your case, as they can help you navigate the complexities of contributory negligence and ensure that your rights are protected.

How much Compensation can you get for a Personal Injury after a Car Accident?

The amount of compensation you could receive for personal injury after a road traffic accident (RTA) can vary, and it’s impossible to accurately predict without a detailed assessment. Even advanced road traffic accident compensation calculators can only provide rough estimates, as each case is unique and depends on various factors such as the severity of the injury, the impact on your daily life and any medical treatment.

To get a clearer idea of your potential award, it’s essential to consult with a specialist personal injury solicitor. An experienced road traffic accident solicitor will offer valuable insights into the strengths of your compensation claim and guide you through the process, increasing your chances of success.

If you’ve been involved in a car accident, you deserve the best possible representation. Contact Lacey Solicitors Belfast using our online form to discuss your case and ensure you receive the compensation you’re entitled to.