A man has been awarded €30,000 in damages at the Circuit Civil Court after fracturing his wrist when hitting the ‘punching ball’ of a boxing machine in a Dublin pub.
Counsel for the man told the court that he and his friend had gone to the pub one evening in September 2013 to find a group of people competing on the boxing machine.
The machine required €1 to be inserted, which would drop down the punching ball. Hitting the ball scored a point. The man punched the ball ‘seven or eight’ times, according to his solicitor, who added that no protective boxing glove was provided by the pub.
The court heard that the man’s wrist was swollen and sore when he awoke the following morning and that he went to see his GP, who referred him to a hospital. He was told he had fractured the scaphoid bone in his right hand. He underwent surgery and was left in a cast for several weeks.
The man was suing the owners of the pub and the suppliers of the boxing machine. Counsel for the pub argued that the man should have realised that the machine was only a game and should not have engaged in such a competitive manner.
Counsel for the man produced articles from health journals which said there had been an increasing rate of scaphoid fractures related to punching-ball machines. The articles said that the combination of alcohol consumption and peer pressure could lead to significant injuries and said that pubs should be aware of these risks before installing these machines.
A forensic engineer told the court that it was inevitable that people would have a go on the punching-ball given that the machine was located in an emporium that sold alcohol.
The Circuit Court judge awarded the man €30,000 in damages and his legal costs, adding that it was inappropriate to have such a machine in a public house.
If you have suffered a personal injury in licensed premises, be sure to discuss the matter with your solicitor. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.