Child left with scar over her eyebrow after playground fall settles for €70k

Dublin City Council told the court an unknown third party had interfered with the mat which the girl is said to have tripped over

The court heard that the little girl ran towards a slide but tripped and stumbled forward against the top of the slide after it was claimed a black rubber mesh was protruding from the grass. File photo: RollingNews.ie

A young girl who tripped in a playground and banged her head suffering a laceration on her forehead has settled a High Court action for €70,000.

Judith Byrne was four years of age when it is claimed she fell over a black rubber mesh mat which was allegedly protruding from the grass at her local playground.

The little girl who is now seven years of age had through her mother Sarah Byrne, Alma Court, Ranelagh sued Dublin City Council over the accident at the playground at Ranelagh Gardens Park, Dublin on September 5, 2018.

In an affidavit to the court, her mother said Judith, who was at the playground with her father, ran towards a slide but tripped and stumbled forward against the top of the slide after it was claimed a black rubber mesh was protruding from the grass.

The little girl, she said, impacted her head against the edges of the slide and sustained a burst laceration to the left side of her forehead. The laceration had to be repaired in hospital while the girl was under general anaesthetic.

Her Counsel, Tracey Ennis Faherty BL, told the court the child has been left with a 4cm scar over her eyebrow. Medical reports indicated it was permanent in nature and obvious at a conversational distance but was expected to fade over time. Counsel said a full defence had been filed in the case.

Settlement

Approving the settlement, Mr Justice Garrett Simons noted liability was at issue in the case and Dublin City Council contended an unknown third party had interfered with the mat. 

The city council also said the playground was regularly inspected which the judge said was borne out by the documents which came to light in the discovery process of the case. The judge said the crucial fact was there was a risk in relation to liability of the case. 

He said it was a good settlement and he told Judith’s mother “a bird in the hand is better than two in the bush”. Mr Justice Simons said he had the benefit of three medical reports and also inspected the scar which he said was “just about noticeable” but the little girl appeared to be handling it very well.