Mother and children get damages over damp Dublin home

A 28-year-old mother of three and her young children, who suffered “recurring respiratory illness” because of the state of their local authority home, have been given damages in a settlement against Dublin City Council.

Counsel Kevin Lenahan told Judge Jacqueline Linnane in the Circuit Civil Court yesterday that homemaker Janice Maguire believed her family illnesses had been caused by damp and mould in her maisonette home at Lissadel Rd, Drimnagh, Dublin 12.

Mr Lenahan, who appeared with Ferry’s Solicitors for the family, said Ms Maguire had accepted undisclosed damages to settle her own €38,000 personal injuries claim against the City Council.

Judge Linnane approved settlement offers for the three children — €6,000 for Harrison Maguire, 5, and €4,000 each for his brother Chad, 9, and his sister Kadie Mae, 8.

Pat Doyle, CEO of Peter McVerry Trust, said the case helped to highlight how important accommodation standards are.

“The conditions in which an individual lives can have enormous impact on their physical and mental health and it is imperative we ensure that all housing be it social or private is of the best possible standard,” he said.

“While this case relates to a social housing tenant, recent inspection reports have found that the vast majority of private rental properties are failing to comply with basic standards.”

During yesterday’s hearing, Mr Lenahan told the court that family members who moved into the two bedroom maisonette in 2010 have had to attend their GP on various occasions during 2010, 2011 and 2012 for ongoing treatment for respiratory illness.

He said the family had suffered personal injuries arising from their housing conditions including damp and mould and had suffered episodic bouts of chest cough developed from allergies to household mites caused by the mould.

The mother alleged in her civil bill that the property had been allowed to become unfit for human habitation because of defective and inadequate insulation and ventilation that had resulted in general dampness and fungal growth.

She alleged a portion of the livingroom ceiling had collapsed and she and her children had suffered deterioration in their general health and particularly their respiratory systems.

They had suffered recurring illnesses, medical reports of which had been submitted to the court. Dublin City Council had entered a defence in the proceedings claiming it was not negligent and had not breached any duty to its tenants.

Mr Lenahan told the court he was recommending the settlement offers on the basis that, in the event of losing their case at trial, the family could end up with no compensation.

Judge Linnane told Ms Maguire she was approving the settlements for the children as she had been told there could be difficulties in proving liability in their cases. She struck out Ms Maguire’s personal claim, which had been settled. Terms of her settlement were not publicly divulged.