A girl who fell out of a miniature “Santa train” on her way to visit a festive grotto has settled her High Court action against the operators for €192,000.
Freya Moore, who was six at the time of the 2016 incident, fell out through a door gap over which a chain was placed as the train was going around a corner in the Donegal attraction, it was claimed.
Her jacket allegedly got caught in part of the train and she was dragged for a short distance with her leg getting caught under the train before the alarm was raised, it was further claimed.
Freya, now 11, suffered a soft tissue injury to her leg and later required plastic surgery.
Through her father, Chris Moore, Breton Road, Lisburn, Co Antrim, she sued the operator of the Santa Train, Gerry Robinson, trading as Difflin Light Railways, operating at Oakfield Park, Raphoe, Co Donegal.
The accident happened on December 17th, 2016, when she was on a visit to the Santa Train excursion which involved travelling from “Oakfield Park Station” to a Santa’s grotto.
Liability was not conceded and there was a full defence to the claim.
In the action, it was claimed the defendant was negligent on a number of grounds including a failure to provide a safe premises and to ensure the chain across the door was at a height suitable to ensure a child of her age would not fall out.
It was claimed she was left with a scar on her right lower leg and may require further plastic surgery in the future. Afterwards, she was worried about accidents and falling out of a car and was anxious when visiting fairgrounds.
Micheál Ó Scanaill SC, for Freya, told the court the case had been settled for €192,000.
Mr Justice Michael Hanna approved the settlement with a payout of €2,000 for Freya and the remainder to be lodged in court until she reaches 18. The judge wished her the best of luck.
Mr Robinson died in October 2021.
