Boy who broke leg on trampoline awarded €35,000

A seven-year-old schoolboy, whose right leg was broken while he was bouncing on a trampoline at his home, has been awarded €35,000 damages in the Circuit Civil Court against Smyths Toys.

Barrister Ivan Daly told the court that in July 2012, Kevin Stokes had been playing on the trampoline bought at Smyths Toys, Fonthill, Clondalkin, Dublin, when his leg went into a gap between the base and the frame.

He had been taken to the emergency department of Our Lady’s Children’s Hospital in Crumlin, Dublin, where X-rays revealed that he had suffered a fracture to his tibia and fibula.

Mr Daly told Circuit Court President Mr Justice Raymond Groarke that Kevin’s leg was placed in a back slab cast.

The fractures had been manipulated a few days later and his leg was placed in an above-the-knee cast.

He had been discharged home in a wheelchair.

Counsel said Kevin’s cast was removed a month later and further X-rays showed the fracture had fully healed.

The boy, who was five years old at the time, had needed to use a walking frame for several weeks afterwards.

Kevin, of Esker Drive, Lucan, Co Dublin, had felt pain in his leg for several months after the accident and he had been unable to play with his friends.

Through his mother Margaret Stokes, he sued Smyths Toys for negligence.

The court heard that a forensic engineer had examined the trampoline and was of the opinion that the method used for securing the safety pad was inadequate.

Mr Daly told Judge Groarke, who had previously refused a settlement offer of €25,000 made on behalf of the store, that an increased offer of €35,000 had been made.

The judge, on hearing that Kevin had made a good recovery, approved the offer.


Munster offers so many hidden gems with bargains, ideas and must-have products for the interiors enthusiast who is always on the lookout for something new, writes Carol O’Callaghan.Made in Munster: So many treasure troves for the interiors enthusiast

Aileen Lee in conversation with ceramist Hedi O'Neill.Made in Munster: 'My advice? Be free in your style’ - Ceramist Hedi O'Neill

Red lips are hot for autumn but can you make them part of your everyday makeup? Rachel Marie Walsh thinks so.Code red: Making a statement with red lipstick for the everyday look

Welcome to the Autumn/Winter edition of ieStyle.Don't miss the Irish Examiner's free glossy 'ieStyle' magazine

More From The Irish Examiner