Girl (5) who fell from ‘faulty’ window awarded €46,000

A girl who fell 11ft from a “faulty” apartment window was awarded €46,000 damages in the Circuit Civil Court yesterday for personal injuries.

Barrister Martin Fitzgerald told the court that, in August 2012, Róisín Byrne (15 months) and her parents, Ronan Byrne and Chloe Murphy, were living in a temporary one-bedroom flat at Newton Avenue, Blackrock, Co Dublin.

The court heard that Róisín had been playing in the room when she fell out of the large Georgian sash window and dropped on to an emergency fire casing, fracturing a rib and puncturing a lung.

Through her mother, the now five-year-old Róisín – now of Balbriggan – sued their former landlord Enda Woods for negligence.

Circuit Court President Mr Justice Raymond Groarke heard that Róisín's parents had complained to the caretaker about the window, which was only 21 inches off the floor.

Mr Fitzgerald said the complaint had been that the window was too low to the floor and its bottom part had no security mechanism.

Following a Personal Injuries Board assessment, the defendant had made a €46,000 damages settlement offer.

Judge Groarke heard that Róisín had made a full recovery, but her wounds had left a scar on her forehead. He approved the offer.