Losing Her Seat

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Fine Gael TD Maria Bailey and the swings at the Dean Hotel, Dublin

“It would appear that 55 years after Belfast City Council unlocked the swings on Sundays, the proposition is being put in court that there should be supervisors for swings when adults are using them and that it is a matter of civil liability if there isn’t.

It does occur to me that we live in a strange world where civil liability can exist in such circumstances but maybe we are only hearing a portion of the evidence.

If the Government is serious about driving down the claims culture, we cannot stand idly by when adults lose their seat with two objects, one in each hand, and fall off a swing and then claim there should have been a supervisor looking after them.

Especially when it comes from somebody who has so much public influence and clearly influence over Government policy in these matters.”

Senator Michael McDowell yesterday.

Fine Gael TD criticised in Seanad over swing lawsuit (RTÉ)

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62 thoughts on “Losing Her Seat

  1. newsjustin

    Two things:

    a) those swings look like a terrible idea
    b) just because this person is a td shouldn’t mean she doesn’t have the same recourse to the courts as you and I.

    1. Dr.Fart MD

      just ignore him, everyone. i know i know, it’s tempting, but it’s for the better.

    2. Rob_G

      I don’t know – 4 year-olds seem to be able to manage them without too much trouble; is it too much to expect a grown woman use due care and attention when sitting in one?

      1. Andyourpointiswhatexactly?

        She obviously thinks so. There should have been a member of staff there giving her an ENORMOUS push so that she’d slam into the wall. That would’ve led to a much bigger claim.

    3. Nigel

      I think her being a TD just lends publicity to the sorts of claims that can apparently make it to court? I suppose there’s a possibility that the hotel is genuinely liable in some way, it just seems highly unlikely and if this is as ridiculous as it appears it’s incredibly harmful.

  2. Iwerzon

    c) especially if they have a ‘two objects, one in each hand” – gin AND tonic anyone?

  3. Optimus Grime

    And I see she is being represented by Josepha Madigan’s family firm…which is nice. With the FG current standing on insurance payouts this all reeks a bit of “Do as we say don’t do as we do!”

    1. Spud

      Glad to see this getting so much publicity, especially just days before the election.
      I wonder what the spin unit in FG are thinking?
      Really shows up FG in all their glory.

        1. millie st meadowlark

          You’re having quite the form this morning. Celebrate with a nice glass at lunch, won’t you?

          1. Andyourpointiswhatexactly?

            I’d love one but can’t today. I’ve to WORK. Ridiculous, I know.

        1. eoin

          A bit silly alright, the McKillens are extremely protective of the reputation of their businesses, no matter the cost.

          Is Maria a serial litigant I wonder?

          She’s an ex-employee of Aer Lingus, that’s widely reported. I wonder is she the same Maria Bailey who sued Aer Lingus in the High Court in 2004?

  4. eoin

    Two FG TDs, Alan Farrell and now Maria Bailey, have had what either a judge or the public (or a senator, former justice minister!) thinks are questionable claims for compo in the past year.

    There are just 50 FG TDs.

    So, 2 (that we know of) out of 50 have compo claims. 4%. How does that compare with the general population? I don’t know but it looks huge to me.

    There could be a booming market for signs for small businesses “Sorry, no FG TDs allowed, our insurance premiums are extortionate enough already”.

    1. eoin

      BTW, does anyone know if this is the same Maria Bailey who sued Aer Lingus in the High Court in 2004?

      TD, Deputy Maria Bailey reportedly worked for Aer Lingus, but she might not be the same “Maria Bailey” at all that sued Aer Lingus in 2004, *but if she is*, it would be interesting to see what she sued for 15 years ago.

    2. A Person

      Really – Alan Farrell lodged a claim for 2.5k because someone ran into his car. The money was to repair the car. If someone damaged your car, would you not claim? Talk about spinning poo poo. As for Bailey, seeking 60k
      for her own fall is outrageous.

  5. Boj

    Wha??? This just shouldnt be in court..doesn’t matter who fell off. She should be mortified for all this silly exposure…but maybe she’s not. I also wouldn’t call them swings. They are more like suspended chairs that are making a rustic style statement in a swanky hotel just so some plonker can go ‘Hoh gno-whey, look babe they’ve got swings…haw snort haw snort’, selfie time!!! :-)

  6. b

    regardless if she has a genuine injury – she should have enough cop on to take some responsibility for being an adult on a swing

  7. Dr.Fart MD

    she embodies all the bad attributes of irishness. being FG for a start, is very self-serving and all about effing over your own people for your gain. She’s got greed in abundance, and looking for more all the time, to anyones detriment, as long as she gets hers.

    1. Vanessa the Holy Face of Frilly Keane

      And her butties get a slice as well
      Don’t forget that

  8. Holden MaGroin

    Just who I want representing me in government, a grown adult who requires supervision and/or instruction while on a swing.

    Should embarrassment not have prevented her from taking this case? Oh wait no she’s a politician.

    1. Rob_G

      Nail on the head – surely any compensation that she would get would not be worth the possible ridicule and loss of face (not to mention votes)?

      1. Owen C

        I have a multiude of issues with this nonsense:

        – ethical/moral (how bad is this injury really?)
        – competence (you can’t use a swing properly?)
        – common sense (this is going to look very bad for a pro business/insurance reform party, career will be significantly impacted)
        – strategic capabilities (you should have sought an adjournment/delay so this didn’t hit the papers the week of an election!)

        For just so many reasons this is terrible, terrible decision making by someone who presumably wants to convince people she can help run the country. Someone in FG should be telling her to drop this case as fast as reasonably possible and move on with her badly damaged career.

        1. millie st meadowlark

          I’d say because greed and unblinking idiocy won out in the fight against common sense and basic decency with her.

        2. Zaccone

          This sums things up nicely.

          The whole thing is hilarious, it would really make me question her intelligence. Hopefully she loses a lot of votes in the next election.

  9. Vanessa the Holy Face of Frilly Keane

    I blame the parents or guardians meself

    They must’ve been in the bar while their kids were running amok feckin tormenting everyone else

    There’s a sign up in every pub, restaurant and hotel in Ireland that says kids must be supervised

      1. Vanessa the Holy Face of Frilly Keane

        I know
        You’d think she’d be a bit hardier

        Although it might explain Dublin’s record when he was County Board Chair

      1. kellMA

        If I don’t take appropriate caution as an adult in full posession of all my faculties then that is my fault, soft tissue damage or no. Perching myself on a swing while mildly intoxicated with a G&T (or whatever) is not someone elses fault. I made the decision to drink lots of gin and i made the decision to stick my behind on a swing.
        It is just enough now, the courts need to really cop on and stop this fashion for farming out personal responsiblitiy. God forbid anyone would be expected to exercise a bit of cop on anymore….

        1. Cian

          hopefully the judge will find in favour of the pub and let Maria Bailey pay all costs.

    1. Owen C

      There’s no amount stated that she is looking for, but the Circuit Court can award a max amount of €60,000.

      1. Liam Deliverance

        Fair point, correction, up to €60,000 damages.

        Ms Bailey (43) has sued the Dean Hotel in Dublin for damages of up to €60,000 over injuries she alleges she suffered to her head, back and hip. – Herald

        I originally read the story in a hard copy of Indo from 21 may, which also said “up to 60,000”

  10. Vanessa the Holy Face of Frilly Keane

    Just had a thought

    What are the chances FGers everywhere are deleting tweets etc where they were mocking compo pay outs to social housing tenants, non-early risers, petty thieves

    Those they’d view as Cheaters like

  11. Steph Pinker

    I must say, it’s very odd to see the usual FG bots on BS questioning Ms Bailey’s behaviour – is there a Blu Moon tonight?

  12. Qwerty123

    Looks like FG are relying on the ‘swing’ voter, eh? Eh?…..

    ….I’ll get me coat

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