Woman settles case over fall on mound in children's playground

High Court reporters

A woman who sued over an injury when she fell while descending an artificially created mound in a children's playground has settled her High Court action.

Inga Mitchell (52), an accountant of Esker Manor, Lucan, Co Dublin, sued South Dublin Co Council over the accident in Griffeen Valley Park on August 7th, 2017.

The court heard she had gone up to the top of the mound to help a neighbour's child who she was looking after and on the way back down she slipped and fell on the surface on the mound.

It was claimed the defendant was negligent by requiring her to traverse an excessively steep area without appropriate grip and an excessively slippy area. It was also claimed there was a failure to inspect and maintain the area where she slipped.

The court heard she broke her leg at the tibia and was in a cast for two months.

The defendant denied the claims and said the playground had only been opened for around four weeks before the accident.

It had undergone rigorous assessment and was subjected to daily inspections by council staff, a once a week closer inspection, and a quarterly expert risk assessment, the council said.

The case opened on Tuesday and was due to resume on Wednesday when Ms Justice Carmel Stewart was told it had been settled and could be struck out.