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EULawyer
EULawyer, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 206
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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Ely Under European Law - is it possible to sue a financial

Customer Question

Hi Ely
Under European Law - is it possible to sue a financial institution for damages to health as a result of their incompetence or negligent behaviour?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  José M. replied 1 year ago.

Hi there

Of course you could sue a profesional for negligence in Europe

The bis diference with another sistems as US is the way to proble the responsability

In US you only have to probe the damage and the profesional has to probe he has make a correct work without negligence

In Europa you have to probe the damage and the negligence of the profesional

Thats the difference, that in Europe you must probe the negligence

Contact a local atorney, show your evidences to him, and let him tell you your chances to win

Thank you

Customer: replied 1 year ago.
That is an absolutely awful response -it did not answer my question-I do not want to be charged for this-a total waste of my time and energy
Expert:  José M. replied 1 year ago.

Sorry to read that Sir.

I have no idea what do you want to read

You ask and I answered you

Have a good day

Expert:  EULawyer replied 1 year ago.

Dear Customer,

I am sorry for your previous experience. I hope to make it better.

I must say that European law does not have much to say regarding such a situation, except if you and the bank are located in different countries. From your question, I deduce this is not the case.

However, Irish law offers more than enough possibilities for action, namely in tort law. Tort means a damage suffered by a person due to the non-criminal actions of another person (including a corporation). The damages can be material (such as the costs of your hospital or doctor treatment, if caused by the bank's actions), or moral (for the pain and suffering they have caused).

There is a difference between the kind of action that produced the damages, in terms of easiness of proof. I will illustrate with two scenarios and I am sure you will make the difference. The first one is much more easy to prove than the second. The point of the proof is not only the bank's action, but also the link between what they did and your suffering:

Case 1 - you need to pay for an emergency treatment or, perhaps, a house repair, and the bank, due to its fault, does not forward you the money in time, and therefore something bad happens and you suffer. This would be a clear material fault.

Case 2 - you deal with recalcitrant employees of the bank, and are emotionally charged because they scare you, or threaten and insult you, or threaten to close the account. They also send you scary letters without legal reason. They have a psychological effect on your well-being. This would be a moral damage, but it would be much more work to prove it (usually with witnesses and medical examination reports), and the link between what the bank did and your suffering.

The only relevant law in this respect is the European Convention of Human Rights. However, it is a part of the national legislation of every state in the EU, including Ireland, so the courts automatically take it into account when dealing with cases.

I hope my answer is satisfactory and look forward to your rating.

Cordially,

Dr Ioan-Luca Vlad

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