Court approves settlement of claim for a creche eye injury

August 9, 2017

The Circuit Civil Court has approved the settlement of a young boy´s claim for a creche eye injury that related to an accident dating back to 2007.

In July 2007, Calum Lawless from Dunshaughlin in County Meath was just three years of age when he tripped and fell on an uneven floor surface at the Happy Days Creche in Clonee, Dublin. Calum was taken to the VH1 Swiftcare Clinic at Dublin City University, bleeding profusely from a cut close to his right eye.

At the hospital, a three-centimetre laceration was closed using glue and steri-strips. Calum´s eye remained closed for a week after his accident and, for more than a month, he had significant bruising around the area. Now twelve years old, Calum has a permanent visible scar that – due to its location – cannot be disguised with plastic surgery.

On her son´s behalf, Calum´s mother – Lorraine – made a claim for a creche eye injury against the owner of the Happy Days facility – Hansfield Company Ltd, of Castleknock, Dublin. In the legal action, Lorraine claimed that the owner of the creche was liable for Calum´s injury due to its negligence in failing to provide a safe play environment.

Hansfield Company Ltd admitted its liability for Calum´s injury and offered to settle the claim for a creche eye injury for €45,000. The settlement offer was agreed by Calum´s family but, to ensure it was in Calum´s best interests, the settlement offer also had to be approved by a judge as the claim was made on behalf of a minor.

Consequently, at the Circuit Civil Court in Dublin, the circumstances of Calum´s accident and its consequences were told to Judge James O´Donohoe. After inspecting the two-centimetre scar and hearing that the family was satisfied with the proposed offer of compensation, the judge approved the settlement of the claim for a creche eye injury.

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