A 16-year-old boy who injured his arm on a fence while climbing out of a construction site after retrieving a tennis ball has been awarded compensation of €80,000 at the High Court.
The boy was aged 13 at the time of the incident at a housing development in the east of the country in May 2016. The boy, through his mother, was taking charges against the owners and developers of the site for personal injuries.
Counsel for the boy told the High Court that his client had been playing with a friend near the site when the tennis ball they were playing with went over the boundary fence of the site. The boy climbed over the mesh fence to retrieve the ball and threw it back to his friend.
The court heard that the boy slipped and fell as he was climbing out over the fence, catching his right forearm on the top of the fence. He sustained a cut to his arm which had to be treated in hospital.
Counsel told the court that the boy had been left with a nasty scar on his arm as a result of the injury.
It was claimed that the owners of the building site had failed to exercise reasonable care towards persons, particularly children, who might attempt to climb the fence when it ought to have been known that it was in a potentially dangerous position.
It was also claimed that the fence was unstable and dangerous in its erection.
The defendants denied all of the claims, with counsel for the developers arguing that an adequate system of supervision was in place at the site and that the fence had been adequately maintained at all times.
The High Court judge found in favour of the boy and approved a settlement of €80,000 for his personal injuries.
If you or a member of your family have sustained injuries in a public space, be sure to discuss the issue 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.