Boy settles for €270k after fall from climbing frame in Dublin
Mr Justice Kevin Cross was told Peter O’Doherty lost the hearing in his right ear after the accident when he was seven and visiting Malahide, Dublin, with his family.
The boy was climbing on a climbing frame when he fell, landing on his head and fractured his skull.
Peter O’Doherty, The Park, Luttrell Hall, Dunboyne, Co Meath had through his father Ronan O’Doherty sued Fingal County Council as a result of the accident at the playground at Malahide Castle, Co Dublin, on March 24, 2008.
He claimed he landed on his head on what was alleged at the time was a hard surface made up of concrete and pebbles. He further claimed there was a failure to provide an impact absorbing surface such as woodchip or spongy material at the time and that the council had allegedly allowed the climbing frame to be used in an area where the surface consisted of stones and a hard surface area.
The claims were denied by Fingal County Council.
Senior counsel for the O’Dohertys, David Nolan SC, told the court that the boy had fallen on the right side of his head and had fractured his skull. Peter lost consciousness and was brought to hospital.
He spent five days in hospital and had problems with his balance. On audiological testing, he was found to have a profound hearing loss on the right-hand side. Counsel said that, as a result of the fracture, the boy was deaf in his right ear but there was no cognitive deficit.
He said Peter is 15 years old and studying well in school for his Junior Cert.
As a result of his deafness in the right ear, the boy will not be able to consider a career in the army or garda or become a pilot, counsel said.
He said the family was satisfied with the offer.
Approving the settlement, Mr Justice Cross said he was delighted the fall had not impacted more on Peter and he wished him well for the future.
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