Girl who fell out of mother’s arms after alleged slip at Supermac's awarded €11,000

High Court reporters

A 12-year-old girl who sustained a skull injury as a newborn baby after it was claimed she fell from her mother’s arms when her mother allegedly slipped in a takeaway restaurant has settled a High Court action for €11,000.

The child was only six months old at the time of the accident when she fell on the floor of the Supermac’s takeaway restaurant in Tullamore, Co Offaly, hitting her head.

The settlement is without an admission of liability.

The girl, through her mother, had sued AVTD Ltd, with registered offices at William Street, Tullamore, Co Offaly, trading as Supermac’s, Tullamore.

Mr Justice Michel P O'Higgins was told that liability was fully at issue in the case and if it went to trial the girl may not win her case.

It was claimed that on December 6th, 2012, the six-month-old girl was in her mother’s arms when her mother was allegedly caused to slip and fall to the ground as she walked to the counter at Supermac’s.

It was claimed that the floor of the restaurant was wet and slippery and in a dangerous condition.

All of the claims were denied.

It was alleged that the mother fell forward onto the ground and the baby fell from her arms and sustained a skull injury. Her mother had attempted to protect the baby from hitting the ground, but it was claimed she noted the sound of the baby’s head hitting the floor was the same as a porcelain plate smashing.

An X-ray in hospital showed the baby had not sustained a bone injury but another X- ray later showed a skull fracture but no haemorrhage and the court heard the injury later cleared up.

Jonathan Kilfeather SC, for the girl, told the court that liability was fully at issue in the case and CCTV footage showed 64 people had walked on the same floor in the two hours before the alleged accident and others in the two hours after, and all without incident. Mr Kilfeather said there was a cleaning system in place.

An action by the mother over the alleged fall, the court heard, had also been settled and could be struck out.

Approving the €11,000 settlement, Mr Justice O’Higgins said it appeared that the mother had an unfortunate slip on a wet day and the child had a potential serious injury but, according to the medical report, there was a short duration of symptoms.

Noting the issue with the liability, the judge approved the settlement.

*This article was amended at 11.45am on July 6th, 2024