Posted: February 1st, 2019
A €63,000 injury compensation settlement in relation to a young boy’s fall from a slide in Tayto Park on August 26, 2013. in which he sustained a kidney injury was approved at the High Court heard yesterday.
16-year-old Seán Kelly was 11-years-old when the incident occurred at the park in Ashbourne, Co. Meath. Presiding Judge Garrett Simons was informed that Seán, from Coolkill, Sandyford, Dublin, was advised to don shoe covers to lessen friction on the slide when he fell in the ‘hazardous’ run-off area, and landed painfully on the edge of tubing.
Judge Simons was informed that Seán was ‘doubled up’ in agony due to the pain he was suffering from in the fall. He was given first aid and he got sick a number of times before being carried to his car.
He was taken to his family doctor for further treatment later and he was then referred to Tallaght Paediatric Emergency Department where a CT scan showed he had a grade two injury to his kidney.
Seán’s kidney injuries were treated with a course of antibiotics and he had made a complete recovery by January 2014.
Seán’s legal representative Patrick O’Connell SC told the court that the park failed to provide adequate supervision to the children when they were walking off the runoff area. He added that the slide was highly polished and slippery at that point. In addition to this it was suggested that the edges should have been coated with foam or rubber to minimise the chance of injury if a child fell on it. There was also a claim that the slide should have been designed so that users would complete the entire run and not be able to jump off earlier.
Mr O’Connell told Judge Simons that an offer had been made to settle the case for just under €63,000 in amusement park compensation. The Judge approved the settlement, which included €9,000 in medical expenses.