Boy who had two falls in Dublin creche awarded €56,000

A boy who aged three had two falls at a creche within a few months of each other has settled his High Court action for €56,000.

The High Court heard Sonny Roe slipped in a sandpit and struck his head against logs around the edge in October 2018 and three months later fell and hurt his lip when he attempted to climb up on a raised timber flower bed.

Now aged six, Sonny, of Thormanby Lawns, Howth, Co Dublin, had through his father Philip Roe sued Monica Campbell Ltd trading as Little Rainbows, Sutton, Co Dublin, as a result of two separate incidents.

In an affidavit to the court, Sonny’s father said the child suffered two falls while he was in the care of the Little Rainbows creche, which is located on the grounds of a school in Sutton, Co Dublin.

Liability was denied in relation to the first fall in the sandpit, but liability was admitted in relation to the second flowerbed incident.

In the first incident, Sonny sustained a laceration to the right side of his upper forehead. In the second incident, the court heard the injuries were more serious and the boy sustained a laceration to his upper lip and he had to go to hospital where he had surgery.

Approving the settlement, Mr Justice Garrett Simons said he had seen photographs and the child had minor scarring about the lip area and a bulge inside the lip. Happily, the judge said the boy has made a very good recovery and the scarring was very minor.

The €55,000 damages settlement was reasonable compensation when taking into account the fact the scarring was very minor, the judge said. He also noted there were special damages of €1,000 bringing the total award to €56,000.