Compensation Settlement for Fractured Leg at Play School Deemed Inadequate

A judge in Dublin’s Circuit Court has ordered a claim for compensation made on behalf of a young girl who fractured her leg whilst at play school to go to a full hearing.

The accident occurred in April 2015, when the child in question was just three years old. Whilst playing at the Larkin Early Education Centre in Ballybough, Dublin, the child climbed on top of a wardrobe and fell. The child was rushed to hospital where an X-ray revealed that she had t fractured a tibia. A surgery was required to reset the bone.

After she was discharged from hospital, the young girl had to wear a full leg cast. After this was removed, she continued to wear a protective boot. However, two years on and the little girl has not fully recovered, complaining of pains in her leg where the fracture occurred. Her mother, acting on her behalf, made a claim for personal injury compensation against the Larkin Early Education Centre.

The claim for compensation was first assessed by the Injuries Board, and after this was complete the play school made an offer of compensation of €31,000. Acting on their solicitor’s advice, the girl’s mother refused the offer and as there were no further offers the case proceeded to the Circuit Civil Court.

The hearing, overseen by Mr Justice Raymond Groarke, occurred earlier this month. The judge was detailed the circumstances of the accident and how the injury has affected the little girl. Judge Groarke agreed that the settlement offered by the play school was not adequate for the nature of the injury sustained.

The Book of Quantum, which has recently been revised, says that the minimum compensation to be awarded for a fracture with a displaced bone is €40,500. Additionally, injuries to the tibia are more serious than those for the tibia, and as the girl still suffers from the injury two years later, the compensation should be higher than the minimum.

Child Injury Settlement Approved by Judge

A child’s compensation settlement for an injury to his finger has been approved by a Circuit Court Judge.

The accident occurred in November 2011, when the boy in question was just sixteen months old. The boy cut his finger on the base of a fireplace purchased at B&Q. His parents rushed him to the Accident and Emergency Department of Crumlin Hospital, where he was diagnosed with a severed tendon. Another tendon in the finger was injured, as well as some blood vessels and a nerve.

The child had to undergo surgery – requiring general anaesthetic – to repair the damage. After he was discharged from the hospital, the toddler had to wear a cast. Five years later, the only sign of the injury is a scar which is expected to disappear as he grows up. He does not suffer from any residual pain.

Acting on the child’s behalf, the boy’s father sought legal counsel and made a claim for compensation against B&Q, as well as Focal Point Fires of London. In the claim, he alleged that they  negligent in the manufacture of the fireplace. The two companies admitted liability for the injury and offered to pay €30,000 in compensation.

The family’s solicitors advised them to accept the settlement. However, as the claim was made on behalf of a child, it had to be approved by a judge. The case proceeded to the Circuit Court, where it was heard by Judge James O’Donohoe.

At the hearing, the family’s legal representatives told the judge of the accident and the nature of the injury sustained by the boy. Judge O’Donohoe was also told that the child had recovered use of his hand and that there was little chance of permanent scarring. He proceeded to approve the settlement.

Court Approved Settlement for Child’s Fall from Window

A judge in Dublin’s Circuit Court has approved the five-figure settlement of compensation made to a five year-old for injuries she sustained by falling out of a window.

The accident happened at a property in Blackrock, Dublin, when fifteen-month-old Róisín Byrne fell from a window onto a fire escape below. The little girl sustained severe injuries to her head and torso because of the elven-foot fall, including fractured ribs and a punctured lung. Róisín, now five, has since recovered, though still bears a scar on her head.

The window from which she fell, a Georgian sash window, was a known hazard by her parents Chloe Murphy and Ronan Byrne, as it does not open far from the ground. With their small child in mind, they requested that the caretaker of the property install a lock to prevent any accidents, though this was never done.

Chloe, acting on her daughter’s behalf, sought legal advice and then made a claim for assessment with the Injuries Board Ireland. Enda Woods, who owns the property, consented to the assessment, which valued the claim for compensation – based upon Chloe’s injuries – at €46,000.

This value was agreed to be fair by both parties, though before it could be awarded, it had to be approved by a judge to ensure that it was in Róisín’s best interests. The claim was then heard at the Circuit Court, as its value exceeded €15,000.

Mr Justice Raymond Groarke heard details of Róisín’s accident and approved the settlement for personal injury compensation.The settlement will be paid into court funds until Róisín’s eighteenth birthday.

Child Injury Compensation Settlement Approved

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.

Teenager Awarded Compensation for Childhood Holiday Accident

Dublin’s High Court have approved a six-figure settlement for a teenage girl who hurt her leg on a nail when holidaying with her family.

The accident occurred when Shauna Burke, aged just ten, was on holiday with her family at the Slattery Caravan Park in Co. Clare in August 2009. As she was playing with her friends, Shauna cut open her leg on a nail that was projecting from a pole.

The nail caused a deep laceration just above Shauna’s knee which – despite medical attention – has left a large, visible scar. Acting on his daughter’s behalf, John Burke made a claim for personal injury compensation against Austin Francis Slattery, the owners of the caravan park.

In the claim, it was alleged that Slattery was aware of the hazard the nail posed as it was on a pole in an area that was popular with residents of the park. However, Slattery denied that he was liable for Shauna’s injury, though still made an offer of €106,000 to compensate for Shauna’s injury and costs of medical care.

However, this settlement offer could not be immediately accepted as it was made on behalf of a minor. As such, the case proceeded to the High Court in Dublin, where it was overseen by Mr Justice Anthony Barr.
During the hearing, Shauna’s legal team detailed the nature of the accident and subsequent injuries on Shauna’s health and wellbeing. Judge Barr – after inspecting the scar on Shauna’s leg – approved the settlement, which will be held in court fund until Shauna is eighteen.

Child Compensated for Luas Injuries

A five-figure settlement of compensation has been approved by the Circuit Court on behalf of a young girl injured by the Luas in Dublin.

The accident occurred on the 14th February 2008 when Aoife Heron, then aged six, was boarding the Luas at Connelly Station with her mother. Aoife’s mother, Elaine, was attempting to get a buggy with Aoife’s younger sister onto the tram, though didn’t manage to get in before the doors began to close.

This momentarily trapped the buggy, though the doors soon reopened. However, as Aoife tried to alight from the Luas and rejoin her mother, the doors closed again – this time, trapping little Aoife’s head.

Aoife’s head injury was treated by an emergency ambulance crew at Connelly Station. Her mother later brought her to the family’s GP. The doctor diagnosed Aoife with soft tissue damage and extensive bruising. Since the accident, Aoife has developed a fear of travelling on the Luas, and also has a scar on her head. According to her GP, Aoife may need therapy in the future to help her overcome the phobia.

Acting on her daughter’s behalf, Elaine made a claim for personal injury compensation against Veolia Transport Dublin Light Rai Ltd, the company which operates the Luas, for breach of duty and negligence resulting in injury.

Though the company denied that they were liable for Aoife’s injury, and prepared a full legal defence, they agreed to negotiate a settlement of compensation with the Heron family. Eventually, a €25,000 settlement was agreed upon.

The settlement proceeded to the Circuit Civil Court in Dublin for approval by Mr Justice Raymond Graorke, who is also the President of the Court. Judge Groarke approved the settlement for the now thirteen year old Aoife, though he ruled that the settlement will be held in court funds until Aoife reaches the age of eighteen.

Family Compensated for Emotional Trauma in Shop

Two children have received settlements of compensation for the emotional trauma they sustained when caught up in a mock armed robbery in a Dublin shop.

The incident occurred in March 2013 when Casie and Abbie Kennedy – aged eight and eleven respectively – were shopping at the Dundrum Shopping Centre with their mother, Claudia. As the family were trying clothes on in the changing room of H&M, they heard a man shouting aggressively and swearing at staff. He was ordering the shop assistants to hand over any cash in the tills and then to get on the ground. However, it later transpired that this was just a training exercise.

The young family were trapped in the shop’s change rooms, completely unaware that no-one was in any real danger. Claudia kept her daughters in the booth until the shouting had stopped, at which point she went to investigate what happened. Her daughters remained, terrified, in the changing area.

When Claudia asked the shop assistants what had happened, the manager explained the situation to her. Claudia was furious that no-one had cared to check that every area of the shop was empty of customers before the training exercise was undertaken.

Yet when Claudia telephoned the H&M head office to complain, she was offered nothing but a €30 and a curt apology. Claudia then decided to make a claim for emotional trauma compensation on her daughters’ behalf. In the claim, made against H&M Hennes&Mauritz (Ireland)Ltd, it was alleged that both of her young daughters were afraid for their lives whilst trapped in the changing rooms.

The retail giant went on to offer the girls compensation settlements for their trauma – €8,000 for Casie and €10,000 for Abbie. The case then proceeded to the Circuit Civil Court, where Judge Rory MacCabe approved the settlements.

Child Compensated for Dog Bite

A young girl has received a six-figure settlement of compensation for injuries she sustained after being bitten by a large dog.

On the 26th December 2011, Lauren Kelly and her friends were enjoying a game of “hunting the wren” in their town of Abbeylara in Co. Longford. However, as Lauren was playing a Rottweiler – that had escaped its owner’s property by jumping over a wall – attacked her.

Despite the intervention of her mother and friends, Lauren sustained twenty-six puncture wounds to her arms and neck. Onlookers later testified that Lauren had been “tossed around like a rag doll”, and it was only because of the intervention of others that she did not sustained graver injuries.

Lauren was rushed to hospital, where she was treated for the puncture wounds. The little girl also had a series of skin grafts to try and repair the damage, though now she still has over twenty scars on her arms. Even now, whilst engaging in some activities (such as swimming), Lauren is required to wear a specialised medical sleeve that prevents an infection developing.

Acting on their child’s behalf, Michael and Marcella Kelly made a claim for dog bite compensation against William Crawford, the Rottweiler’s owner. In their claim, they alleged that Crawford’s negligence stemmed from the fact that he had not undertaken adequate preventative measures to stop his animal from escaping.

Crawford initially denied that he was liable to pay the compensation settlement, though negotiations between the parties resulted in a settlement of €150,000. However, as the claim was made on behalf of a legal minor, the settlement had to be approved by a judge before it could be paid.

As such, the case proceeded to Dublin’s High Court, where Mr Justice Kevin Cross was told of Lauren’s injuries and their impacts. He then went on to approve the settlement, though added the condition that the sum should be kept in a court account until Lauren reached the age of eighteen.