Posted: January 30th, 2017
Mr Justice Raymond Groarke, President of Dublin’s Circuit Court, has ruled that a €31,000 settlement for a young girl’s broken leg is not sufficient for the injuries she sustained.
The young girl, who has remained anonymous, was injured in April 2015 whilst attending the Larkin Early Education Centre in Ballybough, Dublin. The girl – then just two years old – managed to climb on top of a wardrobe and fell to the floor. Staff from the care centre rushed her to hospital, where an x-ray showed that she had fractured her tibia. An emergency operation was required to reset the bone.
For many weeks after the accident, the toddler was required to wear a full-leg cast. Once this was removed, she had to wear a protective boot until her injury was completely healed. However, two years on, the little girl still complains of intense pain and soreness in the leg that was broken in the fall. Her mother consulted a personal injuries solicitor and made a claim for personal injuries compensation on her daughter’s behalf against the Larkin Early Education Centre.
The claim alleged that the play centre had failed in their duty of care towards the young girl. After initial assessment by the Injuries Board, on offer of €31,000 was made. 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 hearing, which took place earlier this month, 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.
How much compensation a victim is due is based on figures in the Book of Quantum, which has recently been revised. The book 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, it states that injuries to the tibia are more serious than similar injuries to the fibula, and the fact that the child is still suffering dictates a higher settlement is due.
Categories: Child Claims
