€13k for girl who broke wrist on slide

A judge has ordered a bouncy castle operator to pay a teenage girl €13,130 in damages after she broke her wrist when she came off an inflatable slide.

At Ennis Circuit Court, Judge Tom O’Donnell ordered former Sinn Féin councillor in Shannon Mike McKee, of HT Promotions, Shannon, Co Clare, to pay Kyiah Moloney, now aged 15, of 110 Clancy Park, Ennis, €12,500 in general damages and an additional €630 in special damages.

Judge O’Donnell also ordered Mr McKee, who denied liability, to pay the costs of the case.

Judge O’Donnell said he was satisfied that the inflatable slide deflated due to defective repairs being carried out on a tear in the slide days previous.

Ms Moloney, suing through her mother, Jacinta Moloney, told the court that she was attending the birthday party of Ennis NS classmate Kate Murray at her home at Carnelly Woods, Clarecastle, on Jun 8, 2008.

Aged 11 at the time of the incident, Ms Moloney said she was at the top of the slide when she felt the slide deflating and fell down, breaking her wrist.

She said that her arm was in a cast for six weeks after the incident.

The home is the property of well-known Shannon businessman and chief executive of IT firm Piercom, Frank Murray.

A witness to the fall, Mr Murray told the court that “a cry went out that the slide was deflating. As a result of that, kids started to leave the slide. I was then called over as some of the children were saying that Kyiah had hurt her hand.”

Mr Murray said that he inspected the deflated slide and said that he photographed a tear on the slide that had been stitched over.

Mr Murray said Kyiah was brought to hospital by her grandmother.

In evidence, Mr McKee said he has been in business 15 years and “this is the first time that anything like this happened”.

Mr McKee said that the inflatable slide, hired out on the day for €200, was purchased in March or April 2008 and had been used only 13 to 14 times before the birthday party.

Mr McKee said that the repaired tear would not have been the cause of the inflatable slide deflating.

“Deflating it takes at least 20 minutes forcibly removing air out of it,” he said. “Without forcibly removing the air, it would take a lot longer.”

Mr McKee explained that the inflatable slide was compartmentalised like the hull of a ship.

“The tear would not render the slide unusable and it would not collapse,” he said.

In his ruling, Judge O’Donnell said that Ms Moloney had been “exceptional truthful in her evidence and the manner in which she recounted the incident”.

Judge O’Donnell said the site of the particular repair was a sizeable site and deflation was caused by defective repairs.

“It has been suggested that any damage was more than likely caused by abuse,” said Judge O’Donnell.

“I am satisfied that there is no evidence of abuse at all, there is supposition and proposition, but no hard evidence.”

Judge O’Donnell said the terms and conditions attached to the operation of the inflatable slide were not adequate.

He said that the injury sustained by Ms Moloney was not a bad one, and awarded €12,500.

Counsel for Ms Moloney, Pat Whyms, said that the judge had assessed damages in the case conservatively.

Speaking after the case, Mr McKee said that he was disappointed with the outcome and has yet to decide if he will appeal the ruling.