Boy who cut hand on broken glass in council garden awarded €50,000

14 February 2022

https://www.rte.ie/news/courts/2022/0207/1278382-wexford-boy-award/

A boy who jumped off a wall and landed on broken glass in a town council garden has been awarded over €50,000 by the High Court.

Gavin Wall was ten years of age when he cut his hand on the glass at New Ross Town Council Gardens, Co Wexford four years ago.

He was left with a 9cm scar from the accident in August 2018.

The now 14-year-old from Carnagh, Foulksmills, Co Wexford had sued Wexford County Council.

The case centred on the maintenance of the grassy area and whether in relation to the glass the county council should be responsible for the actions of a third party.

In a sworn statement the boy’s mother Maria Wall said her son was playing at the New Ross Town Council gardens at High Hill, New Ross when he sustained a nasty hand injury when he fell on broken glass.

She said her son was brought to University Hospital Waterford and later transferred to Cork University Hospital where a few days later he had an operation to repair the laceration on his right hand, as well as a nerve and muscles.

The court heard the boy continues to complain of sensitivity in cold weather but has made a good recovery and has returned to hurling without difficulty.

The case was before the court for the approval of the assessment of €50,000 general damages along with €1,775 special damages by the Personal Injuries Assessment Board.

Mr Justice Simons approved the amount and said it was a good assessment and there would have been been a risk in relation to liability in the case.

Follow us for the latest updates & news

Recent News

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Catriona Crumlish v Health Service Executive – Court of Appeal

On Oct. 15th, The Court of Appeal upheld the High Court decision against Caitriona Crumlish in her claim against Letterkenny University hospital. The plaintiff alleged that there was a failure to detect and diagnose breast cancer in May 2017 resulting in an alleged...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...

Psychological Injury

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject...

Public Authorities and Negligence

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil...

Duty of Care (Part 2)

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence....