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Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I have received a letter from a solicitor with regards ***** *****

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I have received a letter from a solicitor with regards ***** ***** claim for a past employee. The claim is for the period of employment 1959 - 1974 and 1974 - 2001 for Deafness and claims his period of exposure to be 1959 - 1974 and 1977 to late 1980. The individual was tuped over to our business in August 1999 and retired on 10th August 2001 but was however absent due to ill health from 7th February 2001 due to a knee problem before retiring on 10 August 2001 (he didn't return to work during 7th Feb 2001 to August 2001). As the individual was Tuped and not with us for a great length of time I am struggling to understand how I can defend this claim
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. . As you won't have any medical report or work records from the time this employee was employed by your previous holder of this employee, you can firstly test his complaint of deafness as being consistent with the years complained of and consistent with working in the area he worked. However, secondly, you should seek by way of discovery from the previous employers, any work records or employee records which they possess. Whilst I know you didn't have this worker when the deafness occurred, you should still search the archives to see if there are any work records or medical records remaining. However, as with all historical claims, they are difficult to defend, given the lapse of time and no contemporaneous records.
2. For negligent latent damage there is a 15-year long-stop date from the date of the defendant's negligent act or omission under sections 14A & 14B of the Limitation Act. So here, the Plaintiff's hearing deafness would have been latent for a period. This is also a big help in defending this claim as the deafness complaint would have been latent for a period in excess of 15 years from the alleged negligent employer action, which you are defending.
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