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Judge Rules that Claim for Leg Injury Compensation is Inadequate

Posted: January 31st, 2017

A play school in Dublin has been ordered to pay a higher settlement of compensation to a young girl who fell and badly injured her leg whilst in their care.

The accident occurred in April 2015 at the Larkin Early Education Centre in Ballybough, Dublin, climbed on top of a wardrobe. However, the little girl soon fell to the floor and was subsequently rushed to hospital. An x-ray revealed that she had fractured her left tibia and she underwent emergency surgery to reset the broken bone.

After she was discharged from hospital, the young girl had to wear a full leg cast and continued to wear a protective boot for weeks after the cast was removed. Two years on and the little girl has not fully recovered, complaining to her mother of pains in her leg where the fracture occurred. Her mother, acting on her behalf, made a claim for personal injury compensation against the Larkin Early Education Centre.

The Injuries Board Ireland first assessed the claim, after which an offer of compensation of €31,000 was made by the play centre. However, the mother’s legal counsel did not believe that this was a fair settlement and advised that she refuse the offer. The mother acted on this advice, and as no other offer of compensation was made, the case proceeded to the Circuit Civil Court for a hearing.

The hearing, overseen by Mr Justice Raymond Groarke, occurred earlier this week in Dublin. The judge was detailed the circumstances of the accident and how the injury has affected the little girl. Judge Groarke agreed that the settlement offered by the play school was not adequate for the nature of the injury sustained.

The Book of Quantum, which has recently been revised, says that the minimum compensation to be awarded for a fracture with a displaced bone is €40,500. Additionally, injuries to the tibia are more serious than those for the fibula, and as the girl still suffers from the injury two years later, the compensation should be higher than the minimum.

Categories: Creche Injury

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