A CONVICTED BURGLAR is attempting to sue a shopkeeper for injuries he sustained to his scrotum while breaking into his rural shop.
Kevin Victory, who runs the Centra store in Kingscourt, Co. Cavan, said a solicitor representing the thief had sent him a letter claiming damages for the injuries the man received on the premises.
The shop was broken into by three men in November 2015. They broke in at the back of store using a sledgehammer to gain entry but were apprehended by Gardai who arrived on the scene as they were making their getaway.
It is understood that one of the men injured his scrotum trying to escape the shop, and was taken to hospital.
All three men were given six-month suspended sentences. However, one of them was jailed for a subsequent offence.
Mr Victory said he initially ignored the letter but subsequently was issued with a letter from the Personal Injuries Assessment Board (PIAB).
He now has 90 days from when the letter was first received to decide whether or not he wants the PIAB to assess the injury. His insurance broker, on the one hand, insists it holds no responsibility for any injury incurred.
In an interview with broadcaster Joe Duffy on ‘Liveline’ on RTE Radio One, Mr Victory said there were almost €3,000 of damages caused to his shop, and the CCTV camera which captured the incident was destroyed by the burglars.
"Trying to make his escape, it was probably dark in the store and I think he injured himself on a shelf or a unit... He had a cut to his scrotum.
"Reading the medical report on it, he didn't get a stitch to it. He had one of those [steri] strips and was brought back to the Garda Station.”
The shop owner told the Irish Independent he was stunned a solicitor would take on such a case in the first place, and that the law should be changed to prevent such cases from being taken.
“The insurance company has refused to engage with PIAB or accept any responsibility. I'm just trying to highlight that this is happening and maybe we might need to change the law,” he said.
A spokesman for the PIAB refused to go into detail on the case.
"While we cannot comment on any individual case, when we receive a claim we are required by law to write to the person the claim is made against, giving them the option of having the case assessed by PIAB, which is a low-cost and quick system," he said. "If they do not consent to PIAB assessing the claim, then they are not liable for the fee and the claimant is authorised to take the case to court if they wish."
