Court awards €50k to boy who injured his hand after falling onto glass in council garden

The court hear the boy continues to complain of sensitivity in cold weather and he also has a scar on his hand

Gavin Wall was brought to University Hospital Waterford after he sustained a nasty hand injury when he fell on broken glass. File photo: Denis Minihane.

A boy who cut his hand when he landed on broken glass after he jumped off a wall onto grass in a town council garden has been awarded over €50,000 by the High Court.

Gavin Wall was 10 years of age when he suffered a laceration to his right hand at New Ross Town Council Gardens, Co. Wexford, four years ago.

The boy who later had to have surgery has been left with a 9cm scar as a result of the accident on August 20, 2018.

Gavin Wall (now aged 14) of Carnagh, Foulksmills, Co. Wexford, had through his mother Maria Wall sued Wexford County Council over the accident.

The case centred on the maintenance of the grassy area and whether in relation to the glass the council should be responsible for the actions of a third party.

In an affidavit to the court, Maria Wall said her son was playing at the New Ross Town Council gardens at High Hill, New Ross when he sustained a nasty hand injury after he fell on broken glass.

She said her son was brought to University Hospital Waterford A&E and later transferred to Cork University Hospital where a few days later he had an operation to repair the laceration on his right hand, as well as a nerve and muscles.

Ms Wall said her son continues to complain of sensitivity in cold weather and he also has a scar on his hand.

Assessment of damages

The case was before the court for the approval of the assessment of €50,000 general damages along with €1,775 special damages by the Personal Injuries Assessment Board, (PIAB). 

Mr Justice Garrett Simons was told the boy had jumped down from a wall to a grass area and put out his hand as he landed and it struck glass which was in the grass. He suffered a laceration to his right hand. 

The boy, the court heard, has made a very good recovery and has since returned to hurling without difficulty. Approving the PIAB assessment, Mr Justice Simons said it was a good assessment and there would have been been a risk in relation to liability in the case.