Boy who cut hand on broken glass in council garden awarded €50,000

A boy who cut his hand when he landed on broken glass after he jumped off a wall onto grass in a town council garden has been awarded over €50,000 by the High Court.

Gavin Wall was aged 10 when he suffered a laceration to his right hand at New Ross Town Council Gardens, Co Wexford, four years ago.

The boy who later had to have surgery has been left with a 9cm scar as a result of the accident on August 20th, 2018.

Gavin Wall, now aged 14, of Carnagh, Foulksmills, Co Wexford, had through his mother Maria Wall sued Wexford County Council over the accident.

The case centred on the maintenance of the grassy area and whether the council should be responsible for the actions of a third party, in relation to the glass.

In an affidavit to the court, Ms Wall said her son was playing at the New Ross Town Council gardens at High Hill, New Ross, when he sustained a nasty hand injury due to falling on broken glass.

She said her son was brought to University Hospital Waterford’s emergency department and was later transferred to Cork University Hospital where he had an operation to repair the laceration on his right hand, as well as a nerve and muscles.

Ms Wall said her son continues to complain of sensitivity in cold weather and he also has a scar on his hand.

The case was before the court for the approval of the assessment of €50,000 general damages along with €1,775 special damages by the Personal Injuries Assessment Board (PIAB).

Mr Justice Garrett Simons was told the boy had jumped down from a wall to a grass area and put out his hand as he landed and it struck glass which was in the grass.

The court heard the boy has made a very good recovery and has since returned to hurling without difficulty.

Approving the PIAB assessment, Mr Justice Simons said it was a good assessment and there would have been a risk in relation to liability in the case.