A twelve year-old boy, who was injured at his creche in 2007, has received a settlement of compensation for his injury and resulting scar.

The accident occurred in July 2007 when Calum Lawless, then aged three, was playing in the Happy Days Creche, Dublin. As he was playing, he tripped on uneven flooring and injured his face. Calum, who was bleeding heavily from a cut above his right eye, was taken to the VHI Swiftcare Clinic at Dublin City University. There, his wound – three centimetres long – was closed with steri-strips.

For a week after the accident, Calum was unable to open his eye, and the area was bruised for many months. Calum, now aged twelve, has a permanent scar so close to his eye that it cannot be corrected by plastic surgery.

Calum’s mother, Lorraine Lawless, consulted a solicitor and proceeded to make a claim for personal injury compensation on behalf of her son. The claim, made against the Happy Days Creche, alleged that by failing to provide a safe environment in which Calum could play, they had breached their duty of care.

The care facility conceded liability for Calum’s injuries, offering a settlement of compensation worth €45,000. Before this could be awarded, however, it had to be approved by a judge.

The case proceeded to Dublin’s Circuit Civil Court, where Judge James O’Donohoe heard the circumstances of Calum’s accident. He then proceeded to approve the settlement of compensation, which was then awarded to Calum.