A 26-year-old childcare worker, who claimed she has had back pain since she tripped and fell on a plastic toy in a creche, has settled a €60,000 damages claim in the Circuit Civil Court, for an undisclosed sum.
Natasha Carberry told the court that in January 2015, she was called by a superior to help change nappies in the babies’ room at Precious Minds creche, Griffin Drive, Lucan, Co Dublin.
She said she was usually in charge of children aged between one and two years old in a different room and had needed to take two children with her into the babies’ room, while the others were asleep.
Ms Carberry, of Beech Grove, Lucan, told her barrister, Frank Crean, that her superior left the babies’ room and she had to look after six children who were awake and three who were sleeping.
Judge Brian O’Callaghan heard that as she went to help one of the children, she tripped on a plastic plate and fell on her right side. She had been in shock.
Soft-tissue injuries
Ms Carberry said she felt pain in her lower back and in her right leg. She had later gone to her GP. The court heard she suffered soft-tissue injuries to her back.
Mr Crean said his client has ongoing pain in her back and is considering a change of career as a result.
Ms Carberry sued Precious Minds Ltd for negligence.
She claimed the creche had failed to have regard to her safety and that the child/adult ratio had been too high that day.
Sean Walsh, a forensic engineer who gave evidence on behalf of Ms Carberry, said it was essential that staff should not be placed in unduly stressful working conditions.
The creche had denied liability and claimed Ms Carberry had been the author of her own misfortune. It also alleged that it was her duty to keep the floor clear.
Following a brief adjournment, Mr Crean told Judge O’Callaghan that talks had taken place between the parties and an accommodation had been found, without admission of liability.
The judge complimented the parties and struck out Ms Carberry’s claim, awarding her legal costs.