Scout who got fractured teeth after being hit in mouth settles case for €75,000

High Court reporters

A scout who ended up with fractured teeth after another scout who was throwing stones into the sea accidentally hit him in the mouth has settled a High Court action for €75,000.

Noah Laird was only seven years old and gathering with other scouts to go on a trip when the accident happened at the estuary at Donabate in Co Dublin, the High Court heard.

The boy's counsel, Jonathan Kilfeather SC, told the court that another scout was throwing stones into the water and put his hand back to throw another stone and connected with Noah.

Mr Kilfeather said the boy suffered a significant injury, with three fractured teeth with one fracture going into the root, and has had complex dental work since the accident eight years ago.

Noah Laird, now aged 15, of Donabate, Dublin, had through his mother, Susan Laird sued Scouting Services Ireland CLG, with registered offices at Larch Hill, Dublin, over the accident on September 18th, 2017.

It was claimed that while under the supervision, care, control and management of Scouting Services Ireland, the boy was struck on the face by a rock which was about to be thrown by a fellow scout.

In the proceedings it was claimed there was a failure to supervise the group of scouts, including the boy, adequately or at all, and a failure to protect him.

It was also claimed that scouts had been allowed to throw stones and to engage in dangerous behaviour.

It was further contended there was a failure to intervene in a timely fashion or at all.

It was also claimed that there was a failure to ensure there was an adequate number of staff present to ensure in so far as reasonably practicable the safety, health and welfare of the boy.

All of the claims were denied.

Mr Kilfeather told the court that liability was problematic in the case.

Approving the settlement, Mr Justice Paul Coffey noted the situation in relation to liability and said the incident was something that could have happened even under the watchful eye of a careful parent. He said if it went to trial there was a risk the case would be lost.

The judge wished Noah all the best for the future.