A girl who has a facial scar after tripping over a mat at the Cloverhill Prison visitor centre has secured €25,842 under a settlement of her High Court action.
Chardonnay Ward was aged 4 when the incident happened. It was claimed she fell over a kink on the mat and hit her head.
Now aged 9, the girl, of Ashdale, Coosan, Athlone, Co Westmeath had, through her mother Margaret Roche, sued the governor of Cloverhill Prison as a result of the fall on February 16th, 2012.
It was claimed the child fell over a kink on a mat placed on a wet floor near the doorway and fell against a plastic chair and a windowsill, hurting the side of her head and above her eye.
It was claimed there was failure to keep the floor of the premises free from articles likely to cause the child to slip and fall and to take any appropriate measures to remove the dangers presented by water on the floor.
It was further claimed there was failure to take any, or any adequate, precautions for the safety of the child whilst visiting the prison.
The claims were denied.
In court on Thursday, Kerida Naidoo SC, for the child, said the little girl and her mother had visited a man in the prison and were leaving the visitor centre when the incident happened.
Holding the child’s hand
Counsel said the mother reported she was holding the child’s hand when the incident happened and there was a kink on the floor mat. The child was taken to hospital and later recovered but has been left with a permanent scar over her right eyebrow.
As a result of the permanent scar, the case was transferred to the High Court from the Circuit Court, where the maximum damages that can be awarded is €75,000.
Seeking approval of the €25,000 offer, Mr Naidoo said that, outside court earlier, his side had been told the other side intended to call witnesses who would contend the mother was not holding the child’s hand, there was no kink in the mat and it was not wet.
His side had checked the rainfall for the date of the incident and it showed it was dry in Dublin that day.
Approving the settlement of €25,842, Mr Justice Kevin Cross said the scar was not a significant blemish.