Tag: negligence
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GP Defends Professional Negligence Claim About Breast Cancer Diagnosis in High Court
The High Court decision in Rossiter v Donlon is a useful one to look at when it comes to increasing our understanding of professional negligence, and what you need to prove to bring home such a legal action. Background The background to the case is that Ms. Rossiter sued Dr. Donlon for professional negligence arising…
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5 Questions You Will Need to Answer in a Personal Injury Action
If you are thinking about bringing a personal injury action against someone who has caused you injury or damage you will have to be clear as a bell from the outset about a number of issues. Let’s take a look at them. How the accident occurred You will need to be able to explain in…
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Proof of Negligence-How to Prove Negligence in Irish Civil Law
If you bring an action for negligence in Ireland, you must prove the defendant was negligent. The standard of proof is on the balance of probabilities, which is the standard of proof in civil law cases. (The standard of proof in criminal cases is beyond a reasonable doubt). Essentially, you must establish facts from…
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How to Begin Civil Proceedings in the District Court
The District Court now has a jurisdictional limit of €15,000. So, if you need to pursue a debt or a claim for damages for breach of contract, negligence, or on any ground for less than €15,000 you will commence proceedings in the District Court. To do this, you file, for issue and service, a claim…
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Time Limits in Civil Litigation and the Statute of Limitations
The time limits within which you can bring a civil action in Ireland are set out in the Statute of Limitations, 1957, as amended by the Statute of Limitations (Amendment) Acts, 1991 and 2000. However, other limitation periods are set out in the Civil Liability Act, 1961, the Liability for Defective Products Act 1991 and…