€56,000 for boy who had two accidents at creche

15 December 2021

A boy who was three years old when he had two accidents at a creche within a few months of each other has settled his High Court action for €56,000.

Sonny Roe, who is now six years old, on the first occasion slipped in a sandpit and struck his head against logs around the edge. Three months later, he fell and hurt his lip when he tried to climb up on to a raised flower bed, the court heard.

Sonny (now 6), of Thormanby Lawns, Howth, Co Dublin, had through his father Philip Roe, sued Monica Campbell Ltd, trading as Little Rainbows, Sutton, Co Dublin, as a result of two separate accidents.

In an affidavit, Philip Roe said his son suffered two accidents while he was in the care of the creche, which is located in the grounds of a school in Sutton.

Mr Roe said in October 2018, his son struck his head on the edge of logs in a sandpit; and, in January 2019, when the little boy attempted to climb up on a flower bed area he slipped, fell and sustained an injury to his lip.

Liability was denied in relation to the first accident in the sandpit, but liability was admitted in relation to the second flowerbed incident.

In the first accident his son sustained a laceration to the right side of his upper forehead. In the second, the court heard, the injuries were more serious and the boy sustained a laceration to his upper lip and he had to go to hospital where he had surgery.

Approving the settlement Mr Justice Garrett Simons said he had seen photographs and the child had minor scarring about the lip area and a bulge inside the lip.

Happily, the judge said the boy has made a very good recovery and the scarring was very minor.

The €55,000 damages settlement the judge said was reasonable compensation when the fact that the scarring was very minor was taken into account. He also noted there were special damages of €1,000 bringing the total award to €56,000.

If you would like an assessment of a claim, you can use the online form available here without obligation or alternatively you can use the automatic claim calculator.

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