Child Injuries in Ireland

In order to claim compensation for child injuries in Ireland, it has to be established that your child sustained an injury due to the negligence of somebody who owed them a duty of care. Child injury compensation claims are made by a parent or guardian acting as a “next friend” and settlements of child injury compensation claims in Ireland have to be approved by a judge before payment can be made. To get impartial and accurate legal advice about claiming compensation for child injuries in Ireland speak with one of our professional and courteous solicitors.

Tree Stump Accident leads to €55,000 Injury Compensation Award for Boy

Posted on: March 17th, 2020

A boy who cut his knee – when he was attending an Art Camp in Dundrum, Dublin – during a fall on a tree stump at a has had a compensation settlement of €55,000 approved in the High Court.

Just ten years old when the accident in question took place, Diarmuid O’Connor is now 15 and took the legal action via his mother Jacinta O’Connor of Ashton Avenue, Knocklyon, Dublin, against Artzone Ltd, the operators of an art camp at Taney Parish Hall, Dundrum, Dublin during February 2016

The accident took place during the break is classes at the camp when Diarmuid, now 15-years-old, and some of his friends were unsupervised as they wandered off among the bushes on the grounds of the camp. If was during this exploration that Diarmuid fell across the tree stump and cut his leg quite badly.

Camp staff were called to help him and they removed the other children from the scene and called an ambulance. The cut was so severe that it has left Diarmuid too self conscious to wear shorts during the summer months.

As he was giving his approval for the child accident compensation settlement, Justice Garrett Simons said that he was very happy with the agreed terms of the settlement. He made reference to the fact that there may have been many legal issues in relation to supervision and how the boy was permitted to wander off unsupervised if the case had gone to a full trial.

 

During break time, it was claimed, the boy went in an area with bushes after his friends and fell.

Assistants ushered the group away from the bushes and an ambulance was called.

The judge said the settlement was a good one. He noted that if the case had gone to trial there may have been issues in relation to the boy wandering off and to supervision.

Trial of Man for Sexual Assault of Four Girls at Creche Begins

Posted on: February 25th, 2020

A 29-year-old male is currently on trial after being accused of the sexual assault of four girls at the creché where he was working. Claims have been made that the man in question, from February 2015 to December 2016, sexually assault the group of girls on up to 23 occasions. The man pleaded not guilty in relation to the allegations that have been made by young girls who were aged between five and eight-years-old when the attacks occurred. The allegations include ten counts of sexual assault in relation to the first girl, eight in relation to the second girl, three in relation to the third and two in relation to the fourth. The offences are all alleged to have occurred in different places at the crèche and on a bus owned by the crèche. In order to safeguard the identities of the children involved, the man’s name and details of the location of the crèche cannot be made public. Prosecuting Counsel Orla Crowe said the man was first hired to cook in the kitchen of the crèche during 2013. However, a short time following this he began was given duties supervising after-school children. His tasks included taking children to school in the early mornings and picking them up after school ended for the day. He also supervised the older after-school children during the afternoons. Ms Crowe said the man had been accused of committing sexual misconduct on 12 December 2016. This happened after one of the young girls told another child about the incident and that child then informed a staff member about it. The child’s parents and the Gardaí were made aware of the situation and an official investigation. As part of the trial the children will be available for cross-examination by the defence via video link, and videos of previously-conducted interviews, carried out by specialist garda interviewers, were filmed during January 2017. These interviews will be shown to the court during the trial. The children’s parents and the specialist garda interviewers will also take the stand during the trial. The court was advised that the owner of the crèche where the man was working was aware that the man had no official qualification in child care when assumed the role but had begun his official training. He had completed a one-day child safeguarding workshop and was attempting to get the appropriate FETAC level 5 qualification that was legally required. Speaking about the man’s suitability for the position the proprietor said that she felt it would be good to have a male authoritative figure in the crèche and he was trying to become properly qualified, albeit this was taking a considerable amount of time. The woman went on to say that, as the law had been amended, anyone working in a crèche after 31 December 2016 had to have a FETAC level 5 qualification. The Man had been aware that he would not be able to continue in his role after this date as he was not qualified. On 12 December 2016 she was in the creche office when a staff member advised her that one of the after school children had told a separate child that she had kissed the man in his private area and then giggled. As, she informed the court, she was unsure what course of action to follow as she was wary that it could be a case of children being fanciful and talking about such things. She contacted the parents of the children affected. The next day a father of one of the girls advised her that he was going to get in touch with the gardaí in relation to the issue. Following this she contacted the man and advised his that he was suspended from his position as there was a serious allegation against him. The Gardaí then attended the crèche that afternoon with a warrant and retrieved footage from the CCTV system. Next Monday the trial continues.

Catholic Church Braced for Compensation Claims in Relation to Illegal Adoption Cases

Posted on: January 31st, 2020

At the High Court in Belfast a compensation case has been submitted in relation to illegal Catholic Church adoptions, arranged by the Catholic Church of children born in the Republic of Ireland, the first of many such cases that are expected to be submitted.

The plaintiff is Patrick FitzSymons, a Belfast-born actor known for his roles in Game of Thrones and Line of Duty. Mr FitzSymons was born to an unmarried couple in Co Clare in the 1960s. His parents wish to avoid the stigma of having a child out of wedlock and allowed the Catholic church agency St Patrick’s Guild to arrange his adoption to a married couple in Co Antrim. 

148 people are now involved in the cases about the adoptions which involved forging birth certificates and other baptismal records. The legal firm handling mr FitzSymon’s case, Coleman Legal Partners, are responsible for 25 similar cases and are expecting that number to grow even more. Since the original number has revealed as 126 by Taoiseach Leo Varadkar 20 months in May 2018 it was grown substantially. At the time the Taoiseach told the Dáil that the disclosures of the adoptions amounted to “another chapter from the very dark history of our country” which had “robbed children – our fellow citizens – of their identity”.

Mr FitzSymons solicitor, Norman Spicer of Coleman Legal Partners said that the firm is handling many similar cases but there is no plans to apply for a “class action” order because of the complexity of the individual cases. He said: “There is no provision for the North American-style of ‘class action’ under Irish law. However, a court has discretion to grant an order which may mirror to some extent the other system for a specific case or set of cases. We do not envisage making such an application. These are complex cases involving many different defendants, as a result it is difficult to say how long these cases will take as it depends on all of the parties involved and how quickly responses, replies and motions, and so on, can be turned around. Three years (the estimated time the case will take to process) would not be an unreasonable time frame but this is dependent upon many factors and is really only a ‘ballpark’ estimate.”

Mr Fitzsymons was born to parents in Co Clare. It was arranged, by St Patrick Guild. for him to be adopted by John FitzSymons, a pharmaceutical chemist from Warrenpoint in Co Down and Patricia Bradley, a qualified social worker native to Co Tyrone. In an earlier interview Mr FitzSymons detailed his relationship with his adoptive parents, who are now both deceased. He said that they “had loved me and provided for me as best they could’ and that his “natural parents, my birth mother in particular, had endured the institutional shaming and disapproval of Ireland at that time to do what she thought to be the right thing”.

In summer 2018, FitzSymons was informed by Tusla that he was just one of 126 people whose births were mistakenly registered between 1946 and 1969 by the Dublin-based St Patrick’s Guild. In a an earlier interview he described the severe emotional suffering that both sets of parents experienced due to the entire case. He remarked: “My natural parents, my birth mother in particular, had endured the institutional shaming and disapproval of Ireland at that time to do what she thought to be the right thing.”

 

 

 

 

Coffee Accident Compensation Settlement of €41,000 Approved for Boy (5)

Posted on: January 8th, 2020

A coffee shop compensation claim action has been approved at the High Court €41,000 due to baby being allowed to pull a bowl of hot soup on top of himself in a coffee shop and sustained major burns.

The boy, Otto Devine, was aged just six months when the accident occurred, leaving the boy with superficial scald burns to his arms and legs at a coffee shop at the Airfield Estate, Dundrum, Dublin. The accident occurred when the boy was with his father and grandfather on May 10, 2015. The legal representative, Carl Hanahoe BL, advised Justice Kevin Cross that the hot soup and sandwiches were put down in front of the baby on the table. The young child was able to pull the bowl down on top of himself, spilling the hot liquid.

Otto was brought by ambulance to Our Lady’s Children’s Hospital, Crumlin to have his injuries treated. Medics diagnosed him with partial thickness burns to his hands, his left leg and right foot. There was also a redness to the right side of his face right hand and the inside of his left elbow. it was found that 3% of the boy’s body were covered with burns. He attended a subsequent appointment with the plastic surgery department . Here, his wounds were cleaned out and sterile dressings were placed on them.

Otto spent eight days in hospital. He suffered early toxic shock syndrome and developed a fever two days after his admission. Once the fever alleviated he was sent home on May 18, 2015. Due to the incident, Otto was left with three areas of minor scarring, the court was informed.

His (Otto’s) legal representatives told the judge that the soup should not have been brought to the table, and placed in front of the child, at a temperature which would inflict serious burns. The personal injury compensation claim was taken on behalf of Otto by his father, Conor Devine, against the Airfield Estate due to the accident. Justice Kevin Cross gave his approval for the settlement that was mediated and said that he was satisfied happy that Otto had made a good recovery from significant burns.

Pharmacy Accident Compensation of €22,000 Awarded to Boy (2)

Posted on: November 13th, 2019

At the Circuit Civil Court a two-year-old child, who cut his right eye off a sharp object on a shelf in a Co Dublin pharmacy, has been awarded €22,000 personal injury compensation.

Judge John O’ Connor was informed that Ross Pickering of Merrion Park, South Hill Avenue, Blackrock, Co Dublin, had been at Bradley’s Chemist with his mother on 14th July, 2014, when the unfortunate accident took place.

Barrister Samantha Cruess- Callaghan, counsel for Ross, who sued through his mother Marie-Claire Greenan, told the court that following the accident, Ross had been taken to the Emergency Department of Crumlin Hospital for medical attention.

Ms Cruess- Callaghan informed the Judge that medics treated Ross for a laceration to his right upper eyelid, measuring approximately three centimetres. It had been cleaned using an anti-septic technique and was found to be superficial. Two weeks later the child was reviewed again to have his steri-strips removed, there was no bleeding or signs of infection to Ross’s injury at the time and the wound had healed well. She said the child’s mother had been informed that if there had been any concerns nine months post-accident, then Ross could seek advice from a plastic surgeon.

On his one year-check up to review the wound with a Plastic and Reconstructive surgeon,  it was noted that Ross had a scar measuring 1cm by 3mm above his right eye, slightly red in colour and visible from a conversational distance. His opinion had been that the scar had still been immature and would continue to heal in the next 18 months when it would become white in colour.

The boy’s family was taking the  personal injury compensation action against Siofra Limited and L’oreal (UK) Limited trading as La Roche Posay due to the injuries he suffered.

The accident occurred when the child had stooped down to pick something up off the floor . However, when he had stood up he caught the underside of his right eye on a sharp item located on a La Roche Posay display shelf.

Ms Cruess- Callaghan recommended the proposed personal injury compensation settlement €22,000, saying that it was her belief that this figure represents the value of Ross’s case.

Judge O’ Connor approved the offer from Siofra Limited and L’oreal (Uk) Limited trading as La Roche Posay (third party).

Settlement Offer of €32,500 Approved for Creche Accident Involving Two-year-old boy

Posted on: October 9th, 2019

A two-year-old boy who fell and cut his left eyebrow at Wee Care Limited, Monkstown, Co Dublin has had a €32,500 creche compensation settlement approved at the Circuit Civil Court.

The accident happened when Lucas Murphy (7), was washing his hands in a bathroom at the creche. His legal representative, barrister Samantha Cruess Callaghan, informed Judge John O’Connor that the boy had been standing on a small stool while washing his hands at a sink in question. He was standing on the footstool as the sink was too high for him. Lucas was standing on a small plastic stool while cleaning his hands when the accident happened. As he fell to the ground he hit his head on the toilet bowl.

Lucas, who has an address at Ashgrove, Kill Avenue, Dun Laoghaire claimed, through his legal team and his father,  that the management of Wee Care Ltd had been negligent in relation to the accident in question. He (Lucas) had been left with a visible horizontal scar on his left eyebrow.

Lucas, was just two-and-a-half years old when the incident took place at the Wee Care Creche in October 2014. The Judge was advised that he (Lucas) experienced a great deal of trauma due to the fact that he was hurried by ambulance to Tallaght Hospital. After being seen in Tallaght he was transferred to Our Lady’s Children’s Hospital, Crumlin for treatment which included applying adhesive tape to the laceration. He had to attend the day care unit at the hospital for three further appointments. By the time of his final appointment in January 2015 it was found that his cut had successfully healed leaving a two-centimetre long scar.

Lucasm through his father, Darren Murphy, took the personal injury award action against Wee Care Limited. Wee Care Ltd made a personal injury child settlement offer of €32,500 damages. The Judge was informed the parents did not believe that this figure was sufficient. However, Judge O’Connor advised them that, given the circumstances it was a very reasonable offer. He approved the offer.

Claim against Giraffe Creche Abuse results in €35k Settlement for young girl

Posted on: August 2nd, 2019

A compensation claims in relation to Giraffe creche abuse has resulted in a €35,000 for seven-year-old Emily Martin.

Emily, who was filmed in an RTE Prime Time documentary on creche abuse, was seen tied to a chair to prevent her from trying to walk and left on her own to cry while she was having difficulty getting to sleep at nap time when she was just 21 months old.

I 2013 an undercover RTE journalist, presiding Judge Simons was informed, gained employment at the Giraffe Creche in Stepaside in order to conduct the expose. The reported remained in She employment at the creche as a childcare worker for a period of six weeks. This allowed her to secretly film the daily practices at the establishment and her report, following final editing, was broadcast on May 28, 2013. It showed many of the children in attendance at the creche being badly treated.

Through her father Jonathan, Emily took the claimed for Giraffe creche abuse against the management of Giraffe Childcare and the Health Service Executive (HSE).

Emily had been attending the creche located at Belarmine Copse, Enniskerry Road, Stepaside, Dublin from the time that she was eight months old. She was moved in to the ‘wobbler room’ shortly after her first birthday. Emily’s parents informed presiding Judge Simon, after she had moved to the wobbler room, she had started having trouble falling to sleep and would constantly become annoyed and shouted at them. This behaviour, however, stopped when she was removed from the creche in the aftermath of the documentary being aired. Her parents advised the Judge that they opted to send their child to Giraffe creche after reading the brochure which said that the care given was of a ‘premium nature’.

The Nolan’s had become extremely distressed after they saw, for themselves, the RTE Primetime documentary footage. Their child was shown tied to a chair to stop her from trying to walk arodnu the room. She was also filmed grasping her toy horse at at time when she was suffering difficulty getting to sleep during nap time. The child was warned to ‘go asleep’ repeatedly and a creche worker threatened to remove the toy horse away from her when she did not. The RTE reporter attempt to settle Emily as she was crying but was directed to ‘leave her cry’.

Emily parent’s immediately took her away from the creche once they had viewed the RTE Primetime footage.

In their creche compensation action, the Nolan family claimed that Giraffe creche did not have adequate measures in place to ensure Emily’s safety, had illegally restrained children in chairs and had attempted to make them go to sleep using inappropriate measures. It wa also claimed that creche management did not ensure that staff were trained and monitored in and proper fashion.

A separate creche abuse compensation claim was taken by the Nolan family against he Health Service Executive. It alleged that the HSE had not seen to ti that the childcare centre adheredwith all childcare regulations.

A Giraffe creche abuse compensation settlement was agreed between all parties involved. Judge Simons said he was satisfied with this and gave his approval. The creche compensation settlement included  the defendant meeting the costs of the legal action.

Hyde & Seek Investigation on RTE Raises Possibility of Creche abuse compensation

Posted on: July 25th, 2019

An RTÉ Investigates report, which uncovered multiple cases of ill treatment of children at various Hyde and Seek creché locations around Dublin, may result in a number of creché abuse compensation claims once unhappy parents have had time to consider their options.

The report, broadcast last night, unveiled many cases of mismanagement and supervision at the crèches included. Two undercover childcare workers/reporters sought employment in crèches managed by the Hyde and Seek chain and discovered that major violations in good practice and safety procedures were taking place, despite a previous investigation highlighting creché mismanagement in 2017 and a number of subsequent reviews by the child protection agency Tusla. Following the 2017 reports more stringent legislation was introduced in relation to the operation of 4,500 childcare facilities.

In the intervening period of time, Tusla carried out 11 inspections at the different locations since September 2017. Even so, it was seen that children in the Hyde and Seek childcare centres were being treated badly and placed in serious fire risk.

Tusla released a statement following the airing of the programme which said: “We recognise and share the serious concerns the programme raises about the quality of care within these crèches, but more importantly the impact of concerning adult behaviours on children.”

Other discrepancies noted by the undercover pair of reporters included employees not being Garda vetted, babies sleeping in bouncers and an inadequate amount of space between cots for staff to look over sleeping infants. The documentary also showed young babies being stressed after being left in high chairs for a long time and also being placed in a room for ‘misbehaving’. It was also seen that the quality of the food was of a low standard and the staff to child ratios were unacceptable.

The Hyde and Seek chain of crechés, a family-run operation that consists of four crèches in the Dublin area, released a statement that said: “We know we need to work to rebuild, retain and enhance the trust our parents have in us. We have spoken to many of them in recent days and would urge others with concerns to contact us. We are available to talk to and meet parents at any time. We note that while the programme made criticisms of aspects of our service, it praised our childcare staff whose dedication, professionalism and kindness are central to the care we provide.”

Anne Davy, one of the owners of Hyde and Seek, has stepped down from frontline work with immediate effect. She said that the group would be calling in external consultants to look at the operations of the childcare service.

In 2004, Davy was convicted when staff at one of her North Dublin crechés left a three-year-old boy on his own at a local playground when the returned to the creché with the other children. In 2007, she was convicted again for breaching child care regulations, including child to adult ratios and failing to keep adequate records. During these years, the company changed name on three occasions.

The Hyde and Seek group may now have to address upcoming creche abuse compensation claims submitted by parent of the badly-treated children.

Ryanair Girl Hot Chocolate Accident leads to Girl (8) being Awarded €150k

Posted on: May 29th, 2019

A High Court personal injury compensation claim against Ryanair has been settled for €150,000 in favour of an eight-year-old girl who sustained second-degree scald burns when a cup of hot chocolate was slipped on her lap during a Ryanair flight. The girl, American Sriya Venkata Neti was travelling from Rome to Krakow on a Ryanair flight with her parents when the hot liquid and the paper cup fell on top of her as she took a sip of the hot chocolate. Sriya Venkata Neti, had through her father Srinivas Neti sued Ryanair over the accident on the Rome Krakow flight on June 25, 2016. She sustained burns to her thighs and buttocks and has been left with scarring, the court was told. The girl’s father, Srinivas Neti, provided an affidavit to the court, which said that the scarring has now substantially improved and whereas the injuries sustained were extremely serious. It also said that his daughter has made a good recovery and the condition of her injuries has greatly improved. During the case Sriya’s Counsel Hugh Mohan SC told the High Court the little girl suffered significant burns.  A medical report submitted to the court said the hot liquid pooled on the seat causing extreme burning pain and the child’s mother had to unbuckle her from the seat and her clothing had to be taken off. Her mother reported her daughter’s skin was gone from where the liquid landed and blisters were forming in other areas. When they reached their destination in Krakow the girl was airlifted to hospital and was then transferred to Toronto, Canada where she spent eight days being treated as an outpatient. After this she was returned home to California. In the claim it was stated that the alleged failure of the cabin crew to act lead to the burns suffered being exacerbated. In particular, it was alleged that there was no attempt to provide any or any appropriate means of cooling the burns worsened the injuries considerably. Ryanair denied all the claims. That were made in the legal action. Mr Justice Kevin Cross , in approving the settlement, told the Court that it must have been extremely painful when Sriya was scalded and also pointed to the fact that the young girl has also been left with scarring despite making a good recovery.

€35,000 Personal Injury Compensation Award for Girl Follow Ankle Break at Own Home

Posted on: April 12th, 2019

€35,000 damages personal injury compensation has been awarded to a 17-year-old schoolgirl who broke her ankle when she stepped in a pothole while playing in her backyard.

The personal injury compensation award was made against Maria Collin’s mother’s landlord, Dublin City Council. Her mother, Caroline Collins, told the court that  complaints had been made to the council prior to the accident about the unsafe nature of the backyard on the property.

Esther Earley, legal representative for Maria Collins, of Avila Park, Cappagh Drive, Finglas, Dublin, informed the Circuit Civil Court that the accident took place just over 18 months ago when Maria was 14 years old. Ms Earley, appearing with Niamh O’Brien of O’Brien Murphy Solicitors, told the judge that Maria’s ankle twisted in a hole in the tarmacadam surface of the backyard of the local authority home.

Ms Earley said: “She (Maria) suffered a non-­displaced intra-articular fracture which has a higher risk of developing post-traumatic osteoarthritis.”

She added that Maria had been brought to Temple Street Children’s Hospital where she was treated by consultant orthopaedic surgeon Conor Hurson. X-rays showed a fracture of the right ankle bone and she had been placed in a temporary backslab immobilising cast. Following this was appoint was arranged for her with to the fracture clinic where she received further treatment.

Ms Earley said Maria had shortly afterwards been converted from a temporary immobilising backslab to a full fibreglass case. Maria had to use this for five weeks and was prescribed with a course of paracetamol for pain relief.

Ms Earley informed the court that Dublin City Council was not only the local authority responsible for the area, but was the landlords for the development and had an inspection and maintenance duty in relation to the property.

The court was told that Mr Hurson is unlikely to suffer post-traumatic osteoarthritis and Judge Groarke app­roved the settlement offer of €35,000

Five-year-old Girl Awarded €30,000 Personal Injury Compensation Following Restaurant Table Accident

Posted on: April 3rd, 2019

A young girl who had her nose broken when a table blew over outside on O’Brien’s Sandwich shop has been awarded €30,000 damages in the Circuit Civil Court.

At the time of the incident Lily Spratt was just three-years-old. Legal representative for Lily, who is now aged five, Barrister Ivan Daly informed the court that she had suffered the injury when a table in an outdoors seating area struck her in the face after being blown in the wind outside the outlet on Lower Grand Canal Street, Dublin.

Circuit Court President Justice Raymond Groarke was told that Lily was taken to Temple Street Children’s Hospital after the accident. Here her nose had been treated and Lily had been put under general anaesthetic.

Taking the sandwich shop compensation action was taken against Adleo Limited through her mother, Emma Kelly, Lily has since completely recovered from the injuries that she suffered in the accident which took place in April 2018.

Mr Daly informed the court that the young girl had been inflicted with no permanent damage to her nose. He commented: “Certainly there is no question of any disfigurement of her nose.” he was recommending that the court accept the settlement offer that was being made by Adleo Ltd.

Circuit Court President Judge Judge Groarke gave his approval to the sandwich shop compensation settlement and added that thought it was a very good offer.

€20,000 Personal Injury Compensation Award for Boy (5)

Posted on: March 17th, 2019

A young child has been awarded €20,000 personal injury compensation damages after he tripped and fell near in a gully near his home in Co Donegal.

The child fractured his arm in two places. He was just five-years old at the time that the accident happened close to his home in Dungloe, Co Donegal on July 3rd, 2015. The boy, through his mother and father, took the personal injury compensation legal action against Donegal County Council at Letterkenny Circuit Civil Court.

Presiding Judge James O’Donoghue said he was of the opinion that Irish Water were the body charged with the responsibility of maintain the integrity of the water service. He quired is this was actually the case. He said: “I thought Irish water took over all that?” However, Barrister Patricia McCallum, instructed by solicitor Cormac Hartnett, told the court that this area was still governed by Donegal County Council in relation to personal injury compensation claims such as this.

At Letterkenny Circuit Civil Court, the boy’s parents were in attendance. When they were given the chance they advised the Judge that their son, who is now aged nine-years-old, had made a full recovery from the gully trap and fall incident.

Judge O’Donoghue gave his approval for €20,000 personal injury compensation offer. In addition to this he also awarded the costs to the young boy’s legal team.

School Door Injury Compensation of €55,000 Awarded to Schoolgirl (9)

Posted on: February 24th, 2019

School accident injury compensation of €55,000 has been awarded to a nine-year-old girl who caught her finger in a school door and will no longer be able to grow her nail long.

Legal counsel for the the child Fiona Crawford told the court that the girl had been using the door of a classroom when it had closed back on to her finger. She was taken to Letterkenny University Hospital and, subsequently, to Galway, where an operation was carried out on her finger by surgeon Michael O’Sullivan.

Ms Crawford informed Judge John Aylmer that, due to the school door accident injury, the child was quite sensitive in cold weather and would not allow anyone to touch the affected finger as she had become very self conscious about the pain it could cause.  The tip of her finger was lost in the accident and it cannot be replaced, Letterkenny Circuit Court was told.

Ms Crawford told the presiding Judge that the girl in question experienced considerable discomfort and said she would not be allowed to have her nails grow long due to the injury. In addition to this, she has been left with a scar on the top of her finger and her writing had also been affected following the incident.

The girl was initially offered school injury compensation of €35,000 in the aftermath of the accident that happened in April 2017 at a Donegal primary school. Ms Crawford said this first €35,000 was much too low when the full extent of the injuries the life long effects that they will have were taken in account.

Judge Aylmer concurred with this sentiment and directed that an improved personal injury compensation offer should be made to the girl.

The legal teams returned later in the day and the Judge was informed that an improved school door injury compensation settlement offer of €55,000 has been agreed between the parties. The Judge gave his approval for the improved offer.

5-year-old Boy Awarded €20,000 Trauma Injury Compensation Following his Mother’s Glass Panel Injury

Posted on: February 20th, 2019

A boy (5) has been awarded €20,000 personal trauma injury compensation after he saw his mother being seriously injured and bleeding after she collided with a pane of glass when he was only 15-months-old.

Legal representatives for the young boy, Jude Johnson-Rice, informed the Circuit Civil Court that in December 2014 the he was visiting Terenure College Rugby Football Club with his mother, Jill, when he was witness to his mother’s injuries after she walked into a clear glass pane that did not have the required cautions or warning signs.

Even though he did not directly see the accident or the glass breaking, Jude had been extremely upset by seeing his mother covered in blood after the accident. The defendants, Panda Play Café Limited and Terenure College Rugby Football Club, had already agreed a trauma compensation settlement with the Jude’s claim of €20,000 for the five-year-old boy.

Legal representatives for the rugby club argued that the child had not experienced any recognised psychiatric injury. Along with this they argued that the mother had waited for two years after the incident to bring her son for medical treatment despite claiming in court that her son had been very nervous and anxious for six months in the aftermath of the incident.

After deliberations between the legal teams from both sides, the family solicitor John Murphy advised the defendants, after they denied liability, that they could incur additional serious costs arising out of inspections and the provision of cctv footage.  Following a settlement meeting a personal injury compensation offer of had been made.

Judge Garavan said that, while there was no recognised psychiatric illness diagnosed by any medical specialist, there were many cases that came before the court that did not measure up to post traumatic stress disorder and as such, he approved the settlement offer.

More than 100 Tram-Surfing Incidents Recorded by Irish Rail and Luas in last 4 Years

Posted on: December 2nd, 2018

Irish Rail and the operators of the the Luas have revealed that there have been in excess of 110 incidents of tram or train ‘surfing’ officially recorded by Irish Rail and on Luas in the last four years.

Tram surfing involves an individual clinging to the outside of a carriage as it leaves a station. The activity came to public attention earlier in 2018 when, in October, 20-year-old Rebecca Kelly was awarded €550,000 in compensation after sustaining a significant brain injury when she fell from a Luas carriage that she was clinging on to when she was a teenager.

At the time Ms Kelly banged her head on the tracks when she fell from the Luas carriage. She had to be dragged out of the way of an oncoming tram.

Recently, a Freedom of Information request has shown that there have been 35 cases of tram surfing recorded on Luas services since 2014.

Ms Dervla Brophy, spokesperson for Transdev, said: “Tram surfing can be fatal. We have had a very small number of incidents of people trying to ‘scut’ and all staff are trained to be vigilant, observe and report. The public have reported [cases] too. Any activity or even potential concern that is reported – trams will be stopped, security and or gardai called. The risk of serious injury is very high.”

She went on to say: “We show CCTV of various incidents that have occurred along the lines. The purpose is to request parents know where their kids are and if they are on the lines, they’re aware just how dangerous their playground might be.”

A different Freedom of Information request resulted in Irish Rail making public figures listing 87 incidents of train surfing since 2016. In the last three years 12 incidents were recorded on the Northern commuter route connecting Dublin and Dundalk. All of these incidents took place on the connections provided by the Dart commuter service.

Barry Kenny, Irish Rail spokesperson said: “On board staff, station staff and security personnel are vigilant in ensuring we respond with security or garda support. Extra security patrols this year are yielding a reduction in the number of incidents.”

Irish Rail said it had has made changes to the Dart fleet of 76 carriages during refurbishment to try and make headlight units more difficult to grasp onto and bring an end to this activity.

€37,500 Hot Chocolate Burn Compensation Awarded to 10-Year-Old Girl

Posted on: June 25th, 2018

€37,500 in damages has been awarded to a Wexford girl, aged 10,  who was scaled by hot chocolate in a New Ross-based takeaway in 2014.

Kaya Caulfield, taking the burns injury compensation action through her mother Leann Kelly, of 21 Ard Mhicil, New Ross, brought the civil action against Cillgarman Ltd, trading as O’Brien’s Sandwich Bar, South Street, New Ross. The Court was told by Counsel Grainne Fahy, instructed by solicitor Martin Lawlor, that Leann Kelly had bought the beverage for her daughter Kaya at O’Brien’s Sandwich Bar. The young girl, who was aged six at the time, was inflicted with burns when the hot chocolate as she sat in her mother’s car.  It is claimed that the spillage occurred as the lid was not properly secured to the hot chocolate cup.

After the spillage Kaya was taken to the Care Doc and subsequently to Waterford Regional Hospital. From here she was transferred to Our Lady’s Children’s Hospital in Crumlin where she was diagnosed with 2% superficial scalding to the medial aspect of both thighs. Her wounds were dressed and she was an in-patient at the hospital for 48 hours.

The Court was told that the scar had now healed and can no longer be seen which is not normally the case with burns injuries such as those suffered by Kaya.

Presiding Judge Alice Doyle said that a hot chocolate burns compensation offer of €37,500 with €900 special damages plus costs had been made by Cillgarman Ltd’s insurance company. Judge Doyle approved accept the compensation settlement, awarding Kaya the full amount.

Wrongful Birth Compensation of €1.8m Awarded Following Incorrect Foetus Test

Posted on: June 21st, 2018

The first ever wrongful birth case in Ireland has been settled for an interim payment of €1.8m after a mother, who is a carrier of a rare genetic condition,  claimed she was deprived of her right to travel for an abortion.

Her baby was delivered with the same disabling condition after a prenatal test on the foetus for that condition came back with a normal result.

This is the first ever case for wrongful birth, based upon the right to travel, that has been successful at the High Court.

The mother advised the High Court that she had planned to exercise her constitutional right to travel to the England for an abortion if the test had returned results showing that her unborn child had the same debilitating genetic condition. However, her child was born with the this condition and now requires 24-hour care. The mother alleges that, based on the test results, she was deprived of the ability to have an informed consent and to make an informed choice in respect of the continuance of her pregnancy.

Legal Counsel for the mother, Oonagh McCrann SC, told the High Court that the parents proceeded happily and joyfully with the pregnancy after the normal result came back on the test. Subsequently, they experienced much shock and grief when the baby was delivered and found to have the rare genetic condition with very significant and profound disability.

Mr Justice Kevin Cross placed a barring order in relation to reporting of details that may identify the mother and child. The mother had taken the wrongful birth compensation action against the Rotunda Hospital, Dublin, and Our Lady’s Children’s Hospital, Dublin. Complete liability in the case was officially accepted by latter on June 13 last.

It said that “in the particular circumstances of this case and in light of the outcome of the recent referendum repealing the Eighth Amendment to the Constitution”, liability was accepted and the public policy defence was withdrawn.

Mr Justice Cross, noting liability had been accepted, said he would have thought the result of the referendum had nothing to do with this.

 

Woodwork Student (15) Awarded €42,500 School Injury Compensation

Posted on: May 6th, 2018

A 15 year old boy has been awarded €42,500 School Injury Compensation after cutting his finger on a band saw during a woodwork class.

Robin Reinplu, The Drive, Meadowvale, Arklow, filed the personal injury compensation action against Arklow CBS in Co. Wicklow, in relation to the classroom accident that took place on January 13, 2016.

Mr Reinplu’s legal representative Michael Byrne SC, said he had been operating a band saw to cut a piece of wood when he was brushed against by another student in the class. His finger was cut by the band saw which was still running.

Robin, now aged 17, was quickly taken to his family doctor, who sent him for further treatment to to Crumlin Children’s Hospital in Dublin. The injuries he suffered included a two to three centimetre cut on his index finger, and a fracture on his finger tip. After surgery to mend his nail bed he was left with a six centimetre scar.

After the surgical treatment, Robin missed school for a number of weeks and underwent a program of hand therapy and, following further review, it was seen that he was suffering a loss of sensation and grip, and a difficulty playing basketball. The scar also was sore during periods of cold weather, the court was told. 

Reimo Reinplu, the boys’ father, who took the the schoolroom compensation action, argued that the school was negligent in not taking any safety precautions, providing proper guidance on using the machine and did not maintain adequate supervision in the classroom during the class period. As a result of these factors Robin was ‘jokingly’ knocked into by a classmate.  The safety guard on the band saw should have been set at a level which would have prevented the boy’s accident from happening.

The personal injury case was submitted against Edmund Rice Schools Trust, the owner and operator of the CBS school in Arklow. The Trust denied liability in the matter relating to the classroom injury compensation claim. 

The settlement offer of €42,500 for school accident injury compensation was approved by Judge Kevin Cross.

Bettystown Playground Accident Results in €975,000 Personal Injury Compensation Award

Posted on: January 25th, 2018

A young man who fell off a child’s swing in a Bettystown, Co Meath, playground resulting in paralysed from the waist down as a result of committing what a judge described as a ‘silly act’ has been awarded received €975,000 in personal injury settlement of his High Court action against the owners of a caravan park.

Liam Daly suffered a serious spine injury when he was aged 15 after landing heavily on his back. He had fallen from a swing in a playground at the caravan park where the family’s mobile home was located in Bettystown.

The High Court heard the teenager had been swinging on a swing designed for toddlers and young children. Mr Daly is now aged 20.

Taking the personal injury compensation action through his father John Daly, Mr Daly, with an address at Nephin Road, Dublin 7, sued David, Gerard, Kenneth and Michael Lynch trading as Lynch’s Caravan Park, Bettystown, as a result of the accident on July 24, 2013.

Mr Daly alleged that the cradle seat of the swing was caused to rotate at the maximum arc position and he was thrown off. Additionally, there was an allegation that enough was not done to see that teenagers did not use the swings.

The claims were denied by the legal representatives for Lynch’s who alleged there was contributory negligence by the plaintiff in getting on to a swing which was designed for younger children and unsuitable for someone of his age.

Legal counsel for Mr Daly, Bruce Antoniotti SC, advised the court that said the Daly family had been using a mobile home at the caravan park for 10 years before the accident occurred. Liam had gone to the playground at around 7pm on the day that he sustained his injuries.

He sat on the cradle of the swing in question but, as he swung, he fell back and sustained a very serious spinal injury. He (Liam) is now wheelchair bound. Despite his injuries Mr Daly is able to drive a car and is hopeful of being employed

It stated that the protective matting at the playground was not ‘state of the art’ by Counsel who also deemed this irrelevant as it would not have made a difference whether the matting was state of the art or not.

Mr Justice Cross, in approving the personal injury compensation settlement said in all the circumstances, it was a good settlement. He stated that Liam Daly was just 15 years old at the time of the accident but the outcome of that “silly act” were very serious for him and his family.

Dog Bite Compensation of €32,000 Paid after Schoolboy bitten by Neighbour’s dog

Posted on: November 2nd, 2017

Following being attacked and bitten in the face by a neighbour’s dog 15-year-old schoolboy, Adam Russell was today awarded €32,000 compensation for personal injuries.

Counsel for Adam Russell, Brian Sugrue, said the boy was visiting the home of Erica Deacon and Eoin Gibson in the Ballinclea Heights estate in Killiney when the dog, a Weimaraner short-haired German pointer, attacked him (Adam) at the defendant’s home.

Mr Sugrue advised Circuit Court President Justice Raymond Groarke that Adam Russell, who was 12 at the time of the attack, was bitten on his face by the dog while playing with it.

Adam, taking the compensation case through his father Colm Russell, was playing at the residence of Deacon and Gibson on 28 September 2013 when the German Pointer dog suddenly attacked and bit him.

He was rushed to the Swiftcare Clinic, Dundrum, Dublin, where the lacerations to his face were tended to. The injury inflicted to his nose was sutured and the wound just below his lower lip had been closed with surgical glue. The injury suffered to his tooth had later been treated by dentists at Dalkey Dental Clinic.

“Adam suffered three specific face wounds,” Sugrue stated.  “He sustained a significant laceration to the bridge of his nose, a puncture wound to his lower lip and a chip fracture to one of his upper teeth.”

Mr Sugrue said Adam Russell’s injured tooth would possibly need a crown in the future but part of the €32,000 dog attack compensation settlement offer took future dental work into account.

The court was told that Consultant Plastic Surgeon Patricia Eadie had examined Adam’s scars late in 2016 and said that revision surgery may be necessary. The scarring he suffered on his nose is permanent.

Judge Groarke was advised that Mr Sugrue was recommending acceptance of the €32,000 compensation offer.  He commented this was within the ball park of compensation for such injuries, though was not to be considered generous.  The compensation offer was approved will be invested in court funds until Adam Russell becomes 18 years of age in 2019 on 19 December.



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