Boy who fractured arm playing on slide settles case for €60,000

Scales of Justice

14 July 2021

A boy who fell and fractured his arm area as he played on a slide while attending a child’s birthday party at an hotel has settled his High Court action for €60,000.

Jokubas Lankutis was aged four when the accident happened, the court heard. He suffered an arm injury and a laceration to his head and has been left with a 7cm scar in his hairline area. 

Now aged nine, from Cois Doire, Gorey, Co Wexford, he had, through his mother Ingrida Lankutyte, sued the Amber Springs Hotel Ltd, Gorey, over the accident on May 29th, 2016. 

Liability was denied in the case.

In an affidavit, Ms Lankutyte said she and her son were attending a child’s birthday party at the Amber Springs Hotel. 

There was a tent area where the party was taking place and her son went to play nearby, she said.

Unfortunately, her son was not in her line of sight at the time of the accident but she understood he was descending the slide when he fell onto a brick paving surface adjacent to it, she said.

He sustained a deep laceration to the scalp and a significant injury to his arm area near the wrist and was taken by ambulance to hospital where a fracture was diagnosed, she said.

He had to have surgery and was out of school for almost eight weeks afterwards, it was claimed.

He was later diagnosed with post-traumatic accident disorder and he avoided slides, she said.

Anthony Lowry BL, for the plaintiff, said it was a very traumatic experience for the young boy. Parents were expected to supervise their own child and unfortunately Jokubas was out of his mother’s line of sight because he had drifted off, counsel said.

Approving the settlement, Mr Justice Garrett Simons said it was a fair offer.

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