Boy who allegedly tripped and hit head on utility box settles High Court action

High Court Reporters

A boy who allegedly tripped on a footpath and then banged his head on a utility box has settled a High Court action for €32,500.

Ryan McCarthy was 3 years old when the accident allegedly occurred on March 4th, 2013, at or near the Social Welfare Offices in Clondalkin, Dublin.

Through his father Sean McCarthy of Yellow Meadows Drive, Clondalkin, Dublin, Ryan (now 13) sued South Dublin County Council, which owned the utility box, and Chandos Investments Ltd, in liquidation, which was the owner of the path where he fell.

The court heard the Personal Injuries Assessment Board (PIAB) had assessed his claim at €70,000 but the council refused to accept it and the case went through the court system with an offer of €32,500 made to settle it.

The boy's counsel, John Scott BL, said after tripping on the path owned by the private company, which was now in liquidation, he hit the council-owned metal utility box and cut his forehead. He was left with a scar on his forehead.

The difficulty with the case was that the box was "quite far" from where the trip occurred, counsel said.

The council had now offered €32,500 which, although Mr Scott did not believe this would be accepted by a court if the case went to hearing. Counsel believed liability was against him and the offer should be accepted.

Mr Justice Garrett Simons said the PIAB assessment was interesting because it indicated the full value of the case.

But, the judge said, as counsel pointed out, there were "very significant issues" as it seemed the utility box was located some distance from where the accident occurred.

The judge shared counsel's pessimism that if the case went to trial that the case might be dismissed.

He therefore had no hesitation in accepting the recommendation of the offer of €32,500.