Girl settles action against council over bang of head in playground

A young girl who tripped in a playground and banged her head has settled a High Court action against the local authority for €70,000.

It was claimed Judith Byrne was four years old when she suffered a laceration to her forehead after falling over a black rubber mesh mat that was allegedly protruding from the grass at her local playground.

Now aged seven, she had through her mother, Sarah Byrne, of Alma Court, Ranelagh, sued Dublin City Council over the accident at the playground at Ranelagh Gardens Park, Dublin, on September 5th, 2018.

The court heard the council had filed a full defence in the case.

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In an affidavit to the court, Ms Byrne, who was at the playground along with the girl’s father, said her daughter ran towards a slide but tripped and stumbled forward against the top of the slide. She claimed a black rubber mesh mat was protruding from the grass.

The little girl hit her head against the edges of the slide and sustained a burst laceration to the left side of her forehead.

The cut was repaired in hospital while the girl was under general anaesthetic.

Her counsel, Tracey Ennis Faherty BL, said the girl has been left with a 4cm scar over her eyebrow. Medical reports indicated it was permanent in nature and obvious at a conversational distance, but it was expected to fade over time.

Approving the settlement, Mr Justice Garrett Simons noted liability was at issue in the case and Dublin City Council contended an unknown third party had interfered with the mat. The council also said the playground was regularly inspected, which the judge said was borne out by the documents which came to light in the discovery process of the case.

The judge said the crucial fact was there was a risk in relation to liability in the case. He said it was a good settlement and he told Judith’s mother that “a bird in the hand is better than two in the bush”.

Mr Justice Simons said he had the benefit of three medical reports and he also inspected the scar. He said the scar was “just about noticeable”, but the little girl appeared to be handling it very well.