by Creagh Joy Solicitors | Jun 22, 2022 | Personal Injury
The High Court heard how the girl, who was four years old at the time of the incident and accompanied by her father, had been playing at her local playground September 5, 2018 in Dublin. While running towards one of the slides in the playground, it was claimed that the child tripped on a black rubber mesh mat that was allegedly protruding from a grassy area.
Upon tripping, it was alleged that the girl hit her head against the edges of the slide, sustaining a burst laceration to the left side of her forehead. She was then taken to hospital where the laceration was repaired under general anaesthetic.
As a result of her injury, the girl, who is now seven, has been left with a 4cm scar over her eyebrow. Although medical reports indicate that the scar is permanent in nature, it is expected that the visibility of the scar will fade over time and they settled her High Court action for €70,000.
Playground Regularly Inspected
Hearing the case, Mr Justice Garrett Simons noted that liability was at issue, and that Dublin City Council had contended an unknown third party had interfered with the playground mat. Dublin City Council further stated the playground was regularly inspected, which the judge said was proven by documents which came to light during the discovery process of the case. With that in mind, Judge Simons said the crucial fact was that there was a risk in relation to liability of the case.
In approving the settlement amount of €70,000, Judge Simons informed the girl’s mother that “a bird in the hand is better than two in the bush”. He further noted that he had the benefit of three medical reports, and also inspected the scar which he said was “just about noticeable”. Despite this, he commented that the girl appeared to be handling it very well.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
by Creagh Joy Solicitors | May 13, 2022 | Personal Injury
A glass factory worker has been awarded €113,000 by the High Court after sustaining injuries to his lower limbs and back while at work.
Compression Injuries
The court heard how in March of 2018, the complainant (59) had been working at Tipperary Glass Limited of Railway Road, Templemore, Co Tipperary, when several sheets of glass fell from a trolley on top of him and knocked him to the ground. As a result of the incident, the complainant was left with compression injuries to his lower limbs and back, as well as several lacerations.
According to the employee’s estimation, the trolley had been carrying between 10 and 20 sheets of glass with a combined weight of 100kg. It was further alleged that the accident had occurred because another employee at the factory had failed to properly secure the sheets of glass which were stacked on the trolley.
Permanent Scarring
Following the accident, Mr Justice Garrett Simons that the complainant had been confined to bed for four to six weeks as the injuries took some time to heal. He has also been left with permanent scarring to his legs, and continues to suffer from chronic back pain according to medical evidence that was presented.
Liability in the case had been admitted by Tipperary Glass Limited, and the action was before the court for assessment of damages only.
In his judgement, Mr Justice Simons said that the complainant was entitled to a sum of €75,000 in general damages. This was in addition to a further €38,000 in damages for loss of earnings to date. He is also expected to receive a sum equivalent to four years of earnings in respect of loss of future earnings, the amount of which is to be finalised at a date in the future.
Mr Justice Simons added that the complainant is entitled to a further €7,000 for special damages, with the case returning before the court later this month to deal with outstanding matters.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
