Case Study: Girl (5) awarded €55k after she fell and struck her head against wall in creche

A five-year-old girl, who will be scarred for life after she struck her head against a wall in a creche, was today awarded €55,000 damages in the Circuit Civil Court.

Barrister Robert Crowley told the court that Ruth Reilly had been left unattended at Giraffe Childcare Creche, Athlumney Wood, Johnstown, Navan, Co Meath, in October 2013 when she fell and struck her head.
Circuit Court President Mr. Justice Raymond Groarke heard that Ruth, who was two-years-old at the time, suffered a deep laceration and had been bleeding heavily.
The court was told an ambulance was called and after her wound was dressed on site, Ruth was taken to Our Lady of Lourdes Hospital, Drogheda, Co Louth, where it was stitched.

Judge Groarke, awarding Ruth €55,000 damages, said her scar was nasty and noticeable at a conversational distance.

He said that although he was not criticising the way the defendant had handled the case, in his view the €40,000 settlement offer did not meet the full value of the case.

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Dunnes to pay €23k for slip on potato wedge

A housewife who injured her back and wrist when she slipped and fell on a potato wedge in a Dunnes Stores has been awarded €22,900 in damages.
Anna Manning (60) told the Circuit Civil Court that she was in Dunnes Stores in The Mill Centre, Clondalkin, Dublin, in November 2011 when she slipped on something and fell.
She said people, including staff members, gathered around her to make sure she was all right. Someone picked up a squashed potato wedge off the floor, saying: “This is what you’ve slipped on.”

Ms Manning, of St Patrick’s Park, Clondalkin, went home but went to her GP the following day with neck and back pain.
Circuit Court President Mr Justice Raymond Groarke heard she had a history of neck and back pain which had been aggravated by the accident. She also developed pain in her wrist.
Ms Manning sued Dunnes Stores Ltd for negligence. Dunnes denied the claim and alleged she was guilty of contributory negligence.

Judge Groarke, hearing that potato wedges had been spilled that day close to where Ms Manning fell, said that on the balance of probability she had slipped on what would be a “brother or a sister” of the wedges that had been cleaned up earlier. He rejected Dunnes’ allegation of contributory negligence.

SauryaCherfi, Irish Independent