Boy who settled personal injuries case for €17,500 only gets €8,000 after costs

The High Court heard that the €17,500 settlement in the case was “all in” which means the costs of mounting the action would have to come out of it. File photo: iStock

A young child who has settled a High Court action for €17,500 will only end up with €8,000 after all the costs of bringing his personal injuries case to court are paid.

The boy, who fractured a finger when a gully grate fell on his hand, had sued South Dublin County Council. The settlement is without an admission of liability.

His counsel, Maura McNally SC, told the High Court that the €17,500 settlement in the case was “all in” which means the costs of mounting the action would have to come out of it. Counsel said the total costs in the case amounted to over €9,400 and the boy will be left with €8007 which could be paid into court until he reaches 18 years of age.

Counsel said the boy, who was five years old at the time of the incident in 2018, had been playing with a colouring marker along with his sister and a friend when the marker fell in the gully. The gully grate which was on a road outside the boy’s home was lifted to retrieve the pen, but it fell on the boy’s hand crushing it and fracturing a finger.

Counsel said there was a difficulty with liability in the case as the key claim was that the gully gate was not locked. However, counsel said it emerged that the code of practice for drainage works in the greater Dublin area specified that lockable gully grates are not to be used and locking mechanisms on gullies have proven troublesome, particularly if there is flooding.

Rayed Khan (now aged 11) of Liffey Valley, Lucan, Dublin, had through this mother Aziza El Jarrari sued South Dublin County Council as a result of the incident on March 25, 2018, when the boy was five years old.

It was claimed there was an alleged failure to lock the gully and an alleged failure to take any or any reasonable precautions to ensure the safety of person and in particular minors using the road. It was further contended that the gully had been allegedly permitted to remain in an alleged dangerous and unsafe state.

All the claims were denied, and the court heard of the code of practice for drainage works in Dublin meant that gullies are not locked.

Mr Justice Michael P O’Higgins was told the boy was treated in hospital for a transverse displaced fracture. He had to have open reduction surgery and wires were inserted to straighten his finger. 

He was in hospital for three days and had to have painkillers and antibiotics. Two weeks later he had to have sutures and wires removed and he had to have physiotherapy.

Approving the settlement, Mr Justice O’Higgins said the boy had recovered remarkably well and he said the case was all about the liability. The judge said he was satisfied that they could not get past the liability issues and there was a risk the case could be dismissed if it went to trial.