A Irish schoolgirl, who suffered lacerations and abrasions after catching her leg on a faulty cake display in Dunnes Stores, is to receive 21,000 Euros in compensation after her injury compensation for a shop accident claim was approved in court.
Jade Earls, aged 11, had been shopping with her mother in the Dunnes Stores at Cornelscourt in Dublin when the incident occurred in July 2010. As Jade passed a stand for cakes, she caught her leg on some rusty nails which were protruding from the support for the stand.
Judge Alan Mahon at Dublin´s Circuit Civil Court heard that Jade suffered a large laceration in the accident and, although both had healed properly, Jade had been left with a permanent scar on her left leg.
After taking legal guidance from solicitors, Jade filed a claim for dangerous shop display injury compensation against Dunnes Stores and ABF Grain Products, Grosvenor Street, London, through her mother – Fidelma. The court was told that the two defendants had accepted liability on a 60&40 basis and that an offer of compensation had been offered.
Judge Mahon heard that the offer of injury accident compensation for a shop accident claim amounted to 12,000 Euros including costs and, as the family were prepared to accept the offer, he approved the settlement.
In a move that will benefit many former workers in small shops that have since gone out of business, The Minister for Welfare, Lord Freud, has announced that a 300 million pounds compensation fund is to be created to provide compensation for mesothelioma victims unable to trace their previous employer or their previous employer´s insurers.
Small shops are one of the most common workplace environments for exposure to asbestos particles, the substance that causes mesothelioma – an incurable lung cancer. Punk legend and former Sex Pistols manager Malcolm McLarend died of mesothelioma because, it is speculated, the ceiling of his former King’s Road, London, clothes store contained asbestos.
The new compensation scheme will be funded by the insurance industry and is expected to benefit approximately 3,000 victims of the occupational disease over the next ten years. Victims will be entitled to claim compensation for diffuse mesothelioma cancer when it can be proven that they have been unable to trace the liable party or their insurers. Workers in large supermarket chains such as Tesco or Asda will not be able to avail of the scheme because they worked in businesses that are still operational.