Boy who hurt finger as a toddler holding bowling ball settles case for €30,000

Kaylum Devitt Mr Justice Anthony Barr was told has been left with a raised 2cm scar on his right index finger. The settlement the court heard was with a full denial of liability in the case.

Kaylum Devitt (8) Buirg an Ri, Balgaddy, Lucan, Co Dublin had through his mother Natalie Devitt sued XL Bowl Limited trading as Superdome, Kennelsfort Road, Palmerstown, Dublin as a result of the accident on March 18, 2012.

It was claimed the boy's right index finger was caused to be lacerated by a bowling ball and he suffered a fracture to the finger and had to have surgery on it.

It was also claimed there was an alleged failure to take any or any adequate precautions for the safety of the child and the bowling ball was allegedly allowed to be and to remain a danger or hazard on the premises.

It was further claimed there was an alleged failure to provide appropriate children's equipment in circumstances where it was at all material times represented the bowling alley was safe for children

The claims were denied and XL Bowl said it would be contended in court there was an alleged failure to adequately or properly supervise the toddler at the time.

Counsel for Kaylum Philip Sheahan SC told the court the little boy was in the bowling alley with his family and siblings. Counsel said it appeared there may be two conflicting accounts of what happened and a claim that people were elsewhere at the time. He said the hospital note referred to the boy's fingers in the holes of the ball and another account referred to the ball slipping when the boy's fingers were in the two holes.

Approving the settlement Mr Justice Barr who examined the scar said the settlement was a realistic sum.