Child Injury Claim
Posted: January 31st, 2017
The President of the Circuit Court in Dublin has deemed a settlement for leg injury compensation inadequate and has ordered the case to go to a full hearing.
The claim was made on behalf of a young girl who, whilst at a daycare centre in April 2015, fractured her tibia. The accident occurred at the Larkin Early Learning Centre in Ballybough, Dublin, when one of the children climbed on top of a wardrobe and fell to the floor. The girl, who has remained anonymous, was rushed to hospital where her leg was x-rayed and her fracture diagnosed. The girl required an operation to reset the bone.
For weeks after she was discharged from hospital, the girl had to wear a full-leg cast. Even after this was removed, she was required to wear a protective boot. Two years later, the child – who is now five years old – still complains to her mother of pains in the leg. Acting on the girl’s behalf, her mother consulted a solicitor and proceeded to make a claim for compensation against the Larkin Early Education Centre.
After an initial assessment of her medical records by the injuries Board, the play school offered the girl €31,000 in compensation for her broken leg. Her mother’s solicitors advised against accepting this offer, believing it inadequate for the nature of the injury sustained. Acting on this advice, the offer was refused and since no other was forthcoming, the case proceeded to the Circuit Civil Court.
At the court, Mr Justice Raymond Groarke was detailed the nature of the accident and the long-term impact the injury has had on the young girl. The judge agreed that the settlement was inadequate and has ordered the case to go to a full hearing, where a court will determine the settlement.
Judge Groarke’s decision was based on the recently revised Book of Quantum, which rules that the minimum compensation to be awarded for a fracture such as the little girl’s – where a bone had been displaced – was €40,500. Additionally, the book states that injuries to the tibia are more serious than similar injuries to the fibula, and the fact that the child is still suffering two years on means she should be awarded a higher settlement.
Posted: December 17th, 2016
A young boy, who seriously injured his finger on a poorly designed fireplace, has been awarded a five-figure settlement of compensation.
The injury occurred in November 2011, when the young boy was just sixteen months old. Whilst playing, he managed to slice his finger on the base of a wall-mounted fireplace. After he was rushed to the Accident and Emergency Department of Crumlin Hospital, it was discovered that he managed to completely sever a tendon, as well as damaging another. He also cut several nerves and an artery.
The injury had to be correctly surgically, with the young boy requiring a general anaesthetic for the duration of the procedure. Afterward, he had to wear a cast for several weeks. Five years on, and the child, fortunately, has no lasting damage except a small scar. This is expected to fade as he grows up.
Acting through his father, the boy made a claim for personal injury compensation against the manufacturers of the fireplace, Focal Point Fires of London, and its retailer, B&Q. The claim alleged that the fireplace had been poorly designed to prevent such accidents. Both the manufacturer and the retailer admitted negligence, offering €30,000 in compensation.
Though the family accepted the offer, the case had to proceed to the Circuit Court for approval. This was because the claim was made on behalf of a minor.
At the hearing, Judge James O’Donohoe was told the circumstances of the accident and subsequent injury. He was also informed that the child had recovered use of his hand and that there was little chance of permanent scarring. He proceeded to approve the settlement.
Posted: October 10th, 2016
A judge in Dublin’s Circuit Court has approved a five-figure settlement of compensation for a young girl who fell from an unsafe window as a toddler.
The fall in question happened in August 2012, when Róisín Byrne was just fifteen months old. The little girl was living with her parents in a Georgian building in Blackrock at the time, and Róisín fell from a large sash window, falling three metres before landing on a fire escape. The toddler suffered extensive injuries to her head and torso, including cracked ribs and a punctured lung. Now, aged five, Róisín has recovered from the injuries though still has a visible scar on her face from the fall.
Ronan Byrne and Chloe Murphy, Róisín’s parents, had previously highlighted the hazardous window to the building’s caretaker. They were concerned as the window opened around half a metre from the ground, which they felt was dangerous when a young child was in the property. As such, they requested that an extra lock be put onto the window to try and prevent such an accident.
However, the caretaker never acted upon this request and Róisín did indeed fall from the window. Chloe, acting on her daughter’s behalf, sought legal counsel and proceeded to file for assessment with the Injuries Board Ireland. Enda Woods, the owner of the Blackrock property, consented to the assessment, which resulted in the recommendation of a €46,000 compensation settlement for Róisín.
Despite the mutual consent from both parties on the sum, as Róisín is a minor, the settlement had to be approved by a judge before it could be awarded. The fact that the settlement was in excess of €15,000 meant that it had to be approved by a judge in the Circuit Court.
At the court, Mr Justice Raymond Groarke heard details of Róisín’s accident and the extent of her injuries. Upon hearing these details, he approved the settlement. The money will be paid into court funds until Róisín’s eighteenth birthday.
Posted: August 4th, 2016
A twelve year-old boy has received a settlement of compensation after a Dublin creche conceded negligence in a childhood accident.
In 2007, when Calum Lawless was just three years old, he attended the Happy Days Creche in Clonee, Dublin. As he was running about in the creche, he tripped and fell over an uneven floorboard, landing flat on his face. This resulted in a three-centimetre laceration just above his eye, which was then closed at the VHI Swifcare Clinic at Dublin City University.
For a week after the accident, Calum’s eye remained closed. The area remained heavily bruised for a month after the accident. Now aged twelve, the only indication that Calum was involved in an accident is a scar above his eye – though it remains too close to the eye for plastic surgery.
Lorraine Lawless, Calum’s mother, sought legal counsel and proceeded to make a claim for medical negligence compensation against the Happy Days Creche. She alleged that the facility had failed to provide a safe place for her son to play, and as such breached their duty of care towards him.
The creche conceded liability for Calum’s injuries, offering him a compensation settlement of €45,000. Yet before this could be awarded, it needed to be approved by a judge.
The case proceeded to the Circuit Civil Court, Dublin, where Mr Justice James O’Donohoe was told of Calum’s accident. He then proceeded to award the settlement for Calum’s childhood injury.
Posted: July 9th, 2016
Dublin’s High Court have approved a settlement of compensation for a seventeen year-old girl who injured her leg whilst playing as a child on a camping site.
When Shauna Burke was ten years old, she visited the Slattery Caravan Park in Co. Clare with her family. As she was playing in a popular area of the park with friends, she injured her leg on a nail that was protruding from a pole.
The nail lacerated Shauna’s leg and despite speedy medical attention, Shauna was left with a very noticeable scar above her knee. John, Shuana’s father, sought legal counsel and proceeded to make a claim on her behalf against Austin Francis Slattery, the owner of the holiday park.
The claim accused Slattery of negligence, alleging that he was aware of the nail as it was in an area of the facility that was very popular with tourists. However, though Slattery denied that he was liable for Shauna’s injuries and subsequent scar, he did offer a settlement of compensation worth €106,000 for Shauna’s injury and cost of treatment.
Yet, when the claim was made, Shauna was a minor and as such the case had to proceed to the High Court of Dublin for approval by a judge. In the court, the hearing was overseen by Mr Justice Anthony Barr who, after inspecting Shauna’s scar, approved the settlement.
Shauna will soon turn eighteen, and the settlement will be held in court funds until Shauna is legally an adult.
Posted: July 27th, 2015
The Circuit Civil Court has not approved a €15,000 compensation settlement for a child who suffered psychological trauma whilst at a crèche, deeming it insufficient for the injuries inflicted.
When she was just eight months old, Emilie Kiely – now aged four – started attending the Giraffe Crèche in Stepaside in 2011. By September 2012, she was moved to the “Toddlers’ Room”, but this caused her great stress and anxiety. She would become worried in the mornings when her parents were preparing to take her to the crèche.
However, in May 2013, a Prime Time documentary (entitled “A Breach of Trust) aired on RTE, alleging that the Giraffe Crèche was mistreating its charges. Emilie’s parents immediately removed their daughter from the crèche when they saw footage of one of the carers screaming at other children in the facility.
Emilie’s parents sought legal counsel and her father, John, proceeded to make a claim for psychological trauma against the crèche on behalf of his daughter. In the claim, he alleges that his daughter’s behaviour has been negatively affected by the experience and, after transfer for the Toddlers’ Rom, she would cry “No crèche!” in the morning. It was claimed that Emilie suffered stress, emotional trauma and terror because of the breach in duty of care by the childcare facility.
Though Giraffe Childcare and Early Learning Centre denied the claims, they still offered a €15,000 compensation settlement to Emilie for her psychological trauma, without an admission of liability. The settlement had to proceed to the courts for approval as it was for a minor.
The case was heard at the Circuit Civil Court by Judge James O’Donahue. However, the judge ruled that – given the amount Emilie suffered – the amount of compensation offered (€15,000) was insufficient.
Judge O’Donahue then ruled that the case should have a full hearing with another judge. This ruling will have implications for up to twenty-five other claims for compensation against the Giraffe Childcare and Early Learning Centre for children who suffered similar trauma whilst attending the facility. Emilie’s parents have also made a claim for breach of contract, though that is also yet to be resolved.