Child Injury Compensation
If your child suffers an injury in an accident for which they were not to blame, it may be possible for a parent or guardian to make a claim for child injury compensation on the child´s behalf. Children are not permitted to initiate their own legal action until the age of eighteen, by which time evidence of negligence may have disappeared and the memories of witnesses to your child´s accident faded. Furthermore, as it may be necessary to obtain child injury compensation to pay for medical care, it is in your best interests to discuss the circumstances of your child´s accident and their eligibility to child injury compensation with a solicitor on our Free Help Line at the earliest possible opportunity.
Posted: April 13th, 2018
€37,500 car accident compensation awarded to two children injured in a car accident has been described as ‘inadequate’ by the father of the children.
The compensation award was divided as €20,000 for his nine-year-old in relation to a suspected fracture of his left arm and €17,500 for his seven-year-old brother in relation to soft tissue injuries.
The boys were injured in a car accident which occurred on March 26, 2016 and had sued an insured motorist, Dusan Gabor through their father.
Through the boy’s Barrister John Nolan their father, Graham Comiskey, told Judge Terence O’Sullivan in the Circuit Civil Court that was not satisfied with either settlement.
Mr Nolan said: “While the boys have sued through their father, Mr Comiskey, I have to consider the interests of the children and I do not believe they would gain higher awards in a full trial and may even be awarded much less”.
Mr Comiskey referred to the Book of Quantum in relation the compensation for such injuries and the settlements. He compared the settlement for his boys and stated that they were at the lower end of suggested damages.
He also queried if it would be possible for him to appeal should the judge go ahead and approve the road accident compensation settlements.
Judge O’Sullivan explained to Mr Comiskey a different judge may award a lower amount of road accident compensation. He added that he was happy that the compensation fell in the range of €15,000 and €20,000.
Counsel for the Comiskey family told the Court that this had been explained to Mr Comiskey. However, the boys’ father was still eager to oppose accepting the offers.
Judge O’Sullivan chose to approve both child accident compensation settlement offers and said that the monies be paid into court funds on behalf of the children in question.
He also advised Mr Comiskey: “Any decision of the Circuit Court can be appealed.”
Posted: November 2nd, 2017
15-year-old schoolboy Adam Russell was today awarded €32,000 compensation for personal injuries after being attacked and bitten in the face by a neighbour’s German Pointer dog
Legal Representations for Mr Russell, Barrister Brian Sugrue, claimed the boy was at the home of Erica Deacon and Eoin Gibson in the Ballinclea Heights estate in Killiney, Co Dublin when the dog, a Weimaraner short-haired German pointer, attacked him (Adam).
Circuit Court President Justice Raymond Groarke was told by Mr Sugrue that Adam Russell, who was 12 years old at the time of the attack, was attacked and bitten on his face by the dog while trying to play with it.
Adam, taking the legal compensation case through his father Colm Russell, was playing at the house belonging to Deacon and Gibson on 28 September 2013 when the German Pointer dog suddenly bit him.
He was taken, for treatment, to the Swiftcare Clinic, Dundrum, Dublin, where the cut to his face were dealt with by physicians. His nose injury was sutured and the wound just under his lower lip had been closed with surgical glue. The tooth injury suffered was later treated by dentists at Dalkey Dental Clinic.
Adam Russell’s injured tooth would possibly, according to Mr Sugrue, need a crown in the future but part of the €32,000 dog attack compensation settlement offer took future dental work into consideration.
Consultant Plastic Surgeon Patricia Eadie had examined Adam’s scars in 2016 and the court was told that revision surgery may have to take place. The scarring on his nose is permanent.
Judge Groarke was told that Mr Sugrue was approving acceptance of the €32,000 child injury compensation offer. Mr Groarke said that, while not generous, this offer was within the normal range of compensation for such dog attack injuries. The dog attack compensation offer was approved and will be invested in court funds until December 19 2019 when Adam Russell becomes 18 years of age.
Posted: October 12th, 2017
The High Court has approved a personal injury compensation settlement for €25,000 in relation to a 2012 accident that involved an 8-year-old boy being injured following a fall from a playground tower.
Conor Bolger, now aged 13, of Briarfield Road, Kilbarrack, took a child injury compensation action against Ashbourne Visitor Centre Ltd, Co Meath (trading as Tayto Park) through his father Brian Bolger. He (Conor) had to have pins inserted in his lower arm when he fractured his elbow in the fall that occurred on March 25 2012.
The Bolger family’s legal team claimed that there was overcrowding on the playground tower when Conor fell and this caused the accident. Additionally, they claimed that the area surrounding the playground tower had insufficient protective wood chips on the ground, a measure designed to protect individuals from injury in the event of a fall. They also claimed that the regularity of appropriate safety inspections was insufficient and that this contributed to the extent and severity of the injuries Conor suffered.
Ashbourne Visitor Centre (Tayto Park) legal counsel David McGrath SC dismissed these claims stating that Mr Bolger “just fell” and there were no safety concerns regarding overcrowding on the tower at the time of the incident. Conor Bolger’s family, the court was advised, were happy with the proposed €25,000 child injury compensation settlement.
High Court Justice Kevin Cross approved the child injury compensation settlement and commented that Conor’s scar, due to the insertion of the pins to treat the fractured elbow, was not “too upsetting”. Justice Cross also said, in his approval, that he (Conor) would have been affected due to being unable to play basketball for a duration of time after the accident operation.
Posted: April 18th, 2017
A judge has approved a settlement of compensation made to a young girl after an accident in a swimming pool left her with a visible scar on her face.
In August 2012, a young girl (eight years old at the time of the incident)was on a family holiday to the Sol Principe Hotel in Torremolinos on the Costa Del Sol. While the girl was swimming in the hotel´s pool, another guest dived into the pool, landing on top of her. This pushed her to the bottom of the pool, causing her chin to collide with the tiles, cutting it.
The girl received on-site medical attention, and was taken by her family to a local medical clinic.The cut to her chin was cleaned and seristrips were applied to the wound. As a result of the accident, the girl suffered pain, distress and discomfort. She was left with a pale scar on her chin, 1 cm in length. The family sought legal counsel, and through her father she claimed compensation for a Spanish swimming pool accident against the hotel and the travel agent through whom the holiday had been booked.
In the claim for compensation for a Spanish swimming pool accident, it was alleged the hotel – and, by association, the travel agent – had been negligent and failed in its breach of duty by failing to take adequate precautions while guests were using the swimming pool. It was also alleged there was a lack of adequate supervision of the fellow guest that had dived into the pool, and more staff on site would have prevented the accident from occurring.
The defendants denied liability, and a full defence was entered against the claim. It was also argued that the case should be heard in Spain, rather than in Ireland, because of the location in which it took place. However, at the Circuit Civil Court, Mr Justice Raymond, heard that an initial offer of settlement amounting to €5,000 compensation for a Spanish swimming pool accident had been made by the two defendants, without admission of liability.
The offer of settlement was of a value that would be offered to the girl if the family were to successfully bring a claim in Spain. Judge Groarke heard that the offer had been since increased to €12,500 after initially being rejected by the family. Due to continued disputes of liability, the family had agreed to accept the increased offer. The judge said, in the circumstances he was happy to approve the settlement of compensation for a Spanish swimming pool accident.
Posted: February 25th, 2016
A €17,500 settlement of compensation has been approved by a judge after a claim was made on behalf of a young girl against Ralph Lauren, a designer clothing brand.
Amelia Duhy, who was born on in April 2010, was bought a Ralph Lauren dress and pants outfit as a present shortly after she was born. Ten weeks after the birth, Amelia and her parents – Robert and Julie Duhy from Drogheda, Co. Louth – went on a short holiday. They brought the outfit, which had been bought in Brown Thomas, Dublin, with them.
However, one evening when Julie was preparing her daughter for bed, she noticed red marks on her child’s thighs. When they returned home, a GP said it was not an allergic reaction to the trousers and referred the family to a reconstructive surgeon. The consultant identified the bands as “secondary to a tights constriction band”.
Once the cause of the injuries had been determined, the clothes were sent to an expect in elastic fabric technologies. This expert ascertained that the material used was twice the recommended strength for adult clothing, meaning it was unsuitable for newborns. Julie sought legal counsel upon this advice and then made a claim on behalf of her daughter against Ralph Lauren Ireland Limited.
The legal team for Ralph Lauren entered a full defence against the claim prior to the hearing in the Circuit Civil Court, which was overseen by Mr Justice Raymond Groarke. They also made the offer of a €17,500 settlement. The judge was also told of how Julie had to massage BioOil into her baby’s thighs for two and a half years before the scars faded.
Judge Groarke was told of how the label for Ralph Lauren New York had been stitched into the clothes, manufactured in China, and though the elastic was strong, it had never broken the baby’s skin. He then proceeded to approve the settlement and ended the hearing.
Posted: January 8th, 2016
A young boy has claimed compensation, through his mother, after he sustained scalding injuries whilst on an Aer Lingus flight.
The boy, who has remained anonymous, was injured whilst on board an Aer Lingus plane flying from Dublin to John F. Kennedy International Airport in the United States in June 2014. The only detailed that has been confirmed is that the child was ‘injured as a result of scalding hot liquid’.
The claim for compensation was filed in New York, and said that the boy sustained his injuries because of the negligence of the in-flight crew. Because of the accident, the boy is noted as being ‘deprived of his enjoyment of life, pursuits and interests and in the future will be deprived on the same’.
Though the national airline denies any negligent activities, the Montreal Convention states that it is liable to pay compensation, once it was on an Aer Lingus flight, regardless of how the injury came about. Aer Lingus has since requested a copy of the injured boy’s medical history such that they can assess the amount of compensation needed before negotiations are due to start this month.
However, this is not a unique incident: this is the second claim made for similar scalding injuries this year. In August, a claim was filed in Florida on behalf of a ten-year-old girl, scalded by tea whilst travelling from Dublin to Orlando. The lid had not been properly fitted onto the cup.
Through her parents, the girl is making a claim for $75,000. The child had sustained burns to her legs and lower torso, and according to her parents, may require plastic surgery. Though Aer Lingus once again denies liability for the injuries, denying that the tea they served was excessively hot, they are required to pay compensation under the aforementioned Montreal Convention.
In 2011, another similar case was heard when Sophie Gorman – aged five from Knocklyon, Dublin, was also burned as a member of the crew spilled her mother’s tea on her legs. The case went to court in 2012 when Mr Justice Matthew Deery approved a compensation settlement of €7,000.
Posted: December 9th, 2015
A judge in the Circuit Civil Court has adjourned the second hearing in a claim for personal injury compensation after he determines that the offer for compensation was too low.
When Harry Ryan, aged twelve, was playing on a local green in Swords late in 2012, he fell and badly cut himself on a piece of glass. He was then taken to the VHI Swiftcare Clinic, also located in Swords, and was administered eight stitches under local anaesthetic, as well as having steri-strips placed along his leg to help it heal.
As Harry was underage, he made a claim for compensation through his mother Ita against Fingal County Council. Negotiations proceeded between the parties, and a compensation settlement of €3,000 was decided upon without an admission of liability from the council. The case then proceeded to the courts, as a judge had final say to approve the settlement considering Harry was underage.
Yet when the case was heard at the Circuit Civil Court last month, the judge presiding the case – Mr Justice James O’Donaghue did not approve the settlement. He said that the amount was too low when Harry’s injury was taken into account, and adjourned the first hearing for a week to facilitate further discussions between the parties.
The second hearing was overseen by Mr Justice Raymond Goarke, who was informed that the settlement for compensation had been increased to €3,500. However, upon examining Harry’s scars from the event, he too deemed this too low an offer of compensation. Harry’s barrister informed Judge Goarke that there was a recent dismissal of a similar case in the High Court recently, and that he was aware that Fingal County Council would have a full defence ready should the case proceed there. Even so, the judge adjourned the case, saying that the settlement should in fact amount to €30,000. The case is expected to be heard later this month, if Harry’s legal team decide that the risk of being thrown out is outweighed by the possible increase in compensation.
Posted: April 2nd, 2015
A €25,000 settlement of compensation for a personal injury on the Luas has been approved in the Circuit Civil Court.
Aoife Heron from Raheny in Dublin was just six years of age when, on 14th February 2008, she boarded a Luas at Connelly Street ahead of her mother Elaine and her younger sister Kate, who was being transported in a buggy.
As Elaine started to board the Luas with the buggy, the automatic doors of the Luas closed – trapping the buggy between them. As there was an obstacle preventing the doors from closing, they automatically opened again, and Elaine was able to retrieve the buggy containing her younger daughter.
However, as Aoife – who was still inside the carriage – attempted to join her mother and sister on the platform, the doors of the Luas closed once again – this time trapping the young girl´s head between them and causing her to sustain a traumatic head injury.
An ambulance was summoned and Aoife was treated at the scene by paramedics before attending the family´s GP later in the day. The GP diagnosed bruising and a soft tissue injury and – seven years later – Aoife still has a scar from her accident and a fear of taking the Luas.
On Aoife´s behalf, Elaine made a claim for compensation for a personal injury on the Luas, claiming that the operator of the service – Veolia Transport Dublin Light Rail Ltd – had been negligent and failed in its duty of care.
The transport company denied its liability for Aoife´s head injury, and prepared a full defence against the claim. However, after a period of negotiation, a €25,000 settlement of compensation for a personal injury on the Luas was agreed, and subsequently presented to Mr Justice Raymond Groarke at the Circuit Civil Court for approval.
At the approval hearing, Judge Groarke was told the circumstances of Aoife´s accident and heard that she may need psychotherapy in the future to overcome her phobia of travelling on the Luas. The judge approved the settlement of compensation for a personal injury on the Luas and wished Aoife all the best for the future.
Posted: May 7th, 2014
A High Court judge has approved a €9 million settlement of compensation for bus accident injuries in favour of a Spanish student who was knocked down by a bus when he was twelve years old.
On February 4th 2009, Carlos Tesch (now eighteen years of age) was walking along Herbert Road in Bray with some fellow Spanish students, when a number of older youths – who had allegedly been verbally abusive to the students in the past – started to approach the group.
Carlos tried to avoid the older youths by running out into the road; but, as he left the pavement, he was knocked down by a bus travelling along the road from behind him. Carlos suffered serious head injuries in the accident – including a fractured skull and brain damage – which has left him unable to speak or walk more than a few paces without assistance.
Carlos´ father – Hans Tesch – relinquished his managerial position to look after his son, and has twice taken him for stem cell treatment in China. Despite Carlos´ severe disabilities, he still manages to attend classes at the Bray Institute of Further Education.
Carlos made a claim for compensation for bus accident injuries against Dublin Bus – the operators of the bus service. Dublin Bus contested their liability for Carlos´ bus accident injuries, stating that it was unreasonable for the driver of the bus to expect a child to randomly run out into the road.
However, in 2013 Carlos´ claim was heard at the High Court; where the defendant was considered to be 70 percent liable for the accident, after it was admitted that the bus driver had been distracted by talking with a passenger shortly before Carlos ran out from the pavement.
Dublin Bus appealed the High Court´s ruling, but the verdict was upheld by the Supreme Court earlier this year, and the claim returned to the High Court for the assessment of damages. A settlement of compensation for bus accident injuries amounting to €9 million was agreed, and the case was heard once again in the High Court for approval of the settlement.
After hearing the circumstances of Carlos´ bus accident, Ms Justice Mary Irvine approved the compensation settlement – stating that her experience of cases such as this made her aware of the sacrifices that parents have to make when their children are so catastrophically injured.
Posted: September 20th, 2012
A child, whose family alleged he suffered devastating injuries due to the type of bat used in a baseball game, has been awarded 14.5 million dollars in compensation for sports injury to a child in an out of court settlement.
Steven Domalewski was twelve years of age when his tragic baseball accident occurred. Playing as a pitcher in a Police Athletic League baseball game in 2006, the player to who Steven pitched the ball struck it back with such force that it caused Steven to suffer a cardiac arrest when it hit his chest.
Despite the attentions of parents and officials, it was almost twenty minutes later when Steven regained consciousness – during which time his brain was starved of oxygen, resulting in him sustaining permanent and irreversible brain damage.
Steven´s family made a claim for sports injury compensation, based on the grounds that the baseball bat that was used was in the game was made of metal and, because of the additional power it provided in relation to wooden bats, should not have been used in a children´s game of baseball.
Liability was denied by Little League Baseball who recommended the bat as safe to use, Hillerich and Bradsby – the manufacturers of the “Louisville Slugger” metal baseball bat – and the national retailer of the bat, The Sports Authority.
However, legal representatives acting on behalf of the Domalewski family argued that – in 2008 – Little League Baseball limited the performance of metal bats used in children´s games of baseball to the same as that of wooden bats, with an eighty percent reduction in injuries to pitchers.
A trial date was scheduled but, as opening statements were about to be heard, the State Superior Court in Passaic County heard that an agreement of compensation for sport injury had been negotiated between the parties and that Steven was to receive 14.5 million dollars to provide him with the care that he will need for the rest of his life.