Girl (2) who fell while playing at creche awarded €40k damages

The Irish Independent – July 26, 2016

A nine-year-old schoolgirl, who cut her forehead when she fell in a Dublin creche, has been awarded €40,000 personal injury damages in the Circuit Civil Court.

Barrister Susan Lennox told the court that Blathnaid Morrison was almost two-years-old when the accident happened in November 2008 at Dublin West Childcare & Learning Services creche, of Bawnogue Enterprise Centre, Bawnogue Road, Clondalkin.

Ms Lennox today said Blathnaid had been playing when she fell and hit the ground, lacerating her forehead.

Counsel told Circuit Court President Mr Justice Raymond Groarke that Blathnaid was taken to Tallaght Hospital, Dublin, by her mother Linda Morrison.

Blathnaid had been very distressed, shocked and upset.

Her laceration had been cleaned and repaired with steri-strips.

The court heard that Blathnaid’s wound has left a permanent one centimetre scar on her forehead.

Blathnaid, through her mother Linda, of Russel Lane, Fortunestown, Tallaght, sued Dublin West Childcare & Learning Services Ltd, for negligence.

She claimed the creche had failed to provide adequate supervision.

Ms Lennox initially told the court that the Personal Injuries Assessment Board had valued the damages at €35,000 and the creche had accepted its assessment.

Following a request by Judge Groarke to try to get an increased offer, as the scar was permanent and visible, Ms Lennox said that following talks between the parties, the defendant’s insurer had “reluctantly” agreed to an increased €40,000 damages offer.

Judge Groarke, approving it, said he was satisfied it was a very good offer.

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