A judge's decision on liability for accidents caused by oil leaks on public roadways could cause an increase in claims for compensation, the Circuit Civil Court heard yesterday.
Mr Jim Phillips, counsel for the Motor Insurers' Bureau of Ireland (MIBI), told the Circuit Court President, Mr Justice Smyth, that to hold the MIBI responsible would "open a floodgate" of new claims for compensation for personal injury.
Mr Justice Smyth has reserved judgment on a claim by Ms Sharon Maher (19), of Ballymount Road Upper, Dublin, who told the court she lost control of her moped on an oil-slick at Walkinstown Avenue, Dublin, in March 1998.
Ms Maher, who broke her wrist and injured her legs in the accident, sued the MIBI under Clause 6 of its statutory agreement with the Minister for the Environment.
The MIBI, funded by motor insurance companies, carries liability for compensation for personal injury caused by "the negligent driving of a vehicle in a public place where the owner or user remains untraced".
Mr Finbarr Fox, counsel for Ms Maher, submitted that the driving by an unknown motorist on the public highway of a vehicle which leaked oil constituted negligent driving, and his client was entitled to compensated by the MIBI.
"While Ms Maher has not got anybody to say he or she saw oil leak from the vehicle responsible, it was the probable source of the oil on the roadway," he said.
Mr Fox said the claim was based on a quantity of oil consistent with a vehicle having deposited oil in a negligent fashion. The leaking of oil on to a roadway gave an inference of negligence, he added.
Mr Phillips said Ms Maher had failed to prove negligence and had not brought evidence of an oil-spill.