Teenager settles action against gym for €72,000 over claimed neck injury

The court heard that the girl who was 11 at the time suffered a serious neck injury when the ropes of a TRX machine gave way and she fell back

On her behalf, her father sued ILG Limited with a registered address at West Wood gym and Health Club, Leopardstown Racecourse, Foxrock, Dublin and Templeville Developments Ltd of the same address which are the owners of the gym where the accident happened. File photo

A teenager, who it was claimed suffered a neck injury when she was exercising in a gym five years ago, has settled a High Court action for over €72,000.

Caoimhe Keogh, her counsel told the High Court, was using a TRX machine, which is suspension training equipment at her local West Wood gym in Clontarf, Dublin, when the accident happened.

Her counsel Alannah McGurk BL instructed by Healy Law told the court it was their case that the girl who was 11 years old at the time suffered a serious neck injury when the ropes gave way and she fell back.

She had been in a purpose-built children’s area of the gym. Counsel said it was their case that the TRX machine was allegedly defective.

Caoimhe, who was taken to hospital, was found to have suffered compression fractures and she had to wear a neck brace for three months. Counsel said the settlement included €70,000 in general damages and over €2,700 in special damages.

Caoimhe Keogh, aged 16, of Clontarf, Dublin, had through her father Paul Keogh sued ILG Limited with a registered address at West Wood gym and Health Club, Leopardstown Racecourse, Foxrock, Dublin and Templeville Developments Ltd of the same address which are the owners of the gym where the accident happened.

Miss Keogh's claims

Miss Keogh, it was claimed, was 11 years old at the time and was using a purpose-built children’s area of the Clontarf gym at the time of the accident on October 16, 2020.

It was claimed the rope on the TRX machine gave way and the young girl fell backwards onto her neck sustaining a severe injury.

In the proceedings, it was claimed there was an alleged failure to ensure that the TRX machine was in a safe and suitable condition to be used and there was an alleged failure to ensure proper management and inspection of all machines at the premises.

It was further claimed that an alleged defective TRX machine had been allowed to be on the premises. Mr Justice Conor Dignam said he had no hesitation in approving the settlement. 

He noted a medical report from two years ago which said the girl complained of ongoing intermittent neck pain but she has now returned to sporting activity, including camogie and tennis.