The Claims Culture - Fergal McManus Solicitor, Chartered Tax Adviser and Notary Public
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The Claims Culture

Product Liability Claim, Employee Work Place Incidents and general claims from third parties who use a business’s products or services have been enabled by a legal system that has failed to address the high awards, the encouragement that offered to the underserving claimant, the lack of retribution against false claimants, and an insurance industry that fails to disclose its profitability and transparency around its premium setting. These factors combined pose an existential threat to many Irish businesses. For those businesses which survive, they are placed at a competitive disadvantage to their international competition. There may be some green shoots of reform but in the meantime, businesses must work diligently to minimise claims and limit liability where possible through staff training and from a legal perspective employing every available opportunity to limit exposure to third parties by carefully crafted Trading Terms and Conditions.