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.
Categories: Child Injury Compensation