€192k for girl who fell out of miniature Santa train

Six-year-old, who fell out through a door gap as train was going around a corner, was dragged a short distance and her leg was caught under the train
€192k for girl who fell out of miniature Santa train

A girl who fell out of a miniature "Santa train" on her way to visit Santa's Grotto has settled her High Court action against the operators for €192,000.

Freya Moore, who was six years of age at the time, fell out through a door gap over which a chain was placed as the train was going round a corner in the Donegal attraction in 2016.

Her jacket got caught in part of the train and she was dragged for a short distance with her leg getting caught under the train before the alarm was raised.

Freya, who is now 11, suffered soft tissue injury to leg and later required plastic surgery.

Through her father, Chris Moore, Breton Road, Lisburn, Co Antrim, she sued the operator of the Santa Train, Gerry Robinson, trading as Difflin Light Railways, operating at Oakfield Park, Raphoe, Co Donegal.

The accident happened on December 17, 2016, when she was on a visit to the Santa Train excursion which involved travelling from "Oakfield Park Station" to Santa's Grotto.

Liability not conceded

Liability was not conceded and there was a full defence to the claim.

In the action, it was claimed the defendant was negligent on several grounds, including a failure to provide a safe premises and to ensure the chain across the door was at a height suitable to ensure a child of her age would not fall out.

It was claimed she was left with a scar on her right lower leg and may require further plastic surgery in the future. Afterwards, she was worried about accidents and falling out of a car and was anxious when visiting fairgrounds.

Micheál Ó'Scanaill SC, for Freya, told the court the case had been settled for €192,000.

Mr Justice Michael Hanna approved the settlement with a payout of €2,000 for Freya and the remainder to be lodged in court until she reaches 18. The judge wished her the best of luck.

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