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Judge Rules that Claim for Leg Injury Compensation is Inadequate

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.

Categories: Child Injury Claim

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