€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