Boy who cut hand on broken glass in council garden awarded €50,000

https://www.rte.ie/news/courts/2022/0207/1278382-wexford-boy-award/

A boy who jumped off a wall and landed on broken glass in a town council garden has been awarded over €50,000 by the High Court.

Gavin Wall was ten years of age when he cut his hand on the glass at New Ross Town Council Gardens, Co Wexford four years ago.

He was left with a 9cm scar from the accident in August 2018.

The now 14-year-old from Carnagh, Foulksmills, Co Wexford had sued Wexford County Council.

The case centred on the maintenance of the grassy area and whether in relation to the glass the county council should be responsible for the actions of a third party.

In a sworn statement the boy’s mother Maria Wall said her son was playing at the New Ross Town Council gardens at High Hill, New Ross when he sustained a nasty hand injury when he fell on broken glass.

She said her son was brought to University Hospital Waterford and later transferred to Cork University Hospital where a few days later he had an operation to repair the laceration on his right hand, as well as a nerve and muscles.

The court heard the boy continues to complain of sensitivity in cold weather but has made a good recovery and has returned to hurling without difficulty.

The case was before the court for the approval of the assessment of €50,000 general damages along with €1,775 special damages by the Personal Injuries Assessment Board.

Mr Justice Simons approved the amount and said it was a good assessment and there would have been been a risk in relation to liability in the case.

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