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.

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