Boy left with scar after climbing site fence for ball settles case for €80,000
A boy who has been left with a nasty scar after he caught his arm on a fence as he climbed out of a construction site after retrieving a ball has settled his High Court action for €80,000.
The boy was 13 years old when the accident happened after his tennis ball went over a wall at a housing development site. The boy climbed over retrieved the ball and threw it back to his friend, but attempted to exit the site over a mesh fence.
He slipped and fell, catching his right forearm in the fence. He suffered a laceration to the arm and had to be treated in hospital.
His counsel Gabriel Gavigan SC said the accident occurred as the boy left the site over the fence. Counsel said he has been left with a nasty scar to his arm. The boy was playing with two friends at the time of the accident.
The boy now aged 16 and who lives in Co Wicklow had through his mother sued Michael Browne trading as BBA Architecture, Edengate Centre, Delgany, Wicklow and Kingscroft Developments Ltd with offices at Main Street, Clonee, Co Meath who were responsible for a construction site at Thorndale, Delgany, Co Wicklow at the time of the accident on May 14, 2016.
It was claimed there was an alleged failure to exercise any or any reasonable care towards persons, particularly children who might attempt to climb the fence when it was known or ought to have been known it was in an allegedly dangerous condition. It was further claimed the fence was allegedly unstable and dangerous to persons particularly children who might attempt to climb it.
The claims were denied and it was contended there was in place an adequate system for supervision, monitoring and safety of the use of the construction site and it was denied there was an alleged failure to adequately maintain the fence.
Approving the settlement Mr Justice Kevin Cross said it was a very nasty scar and the settlement considering all the circumstances was a very good one.
