Girl, 5, who hit pothole and fell from bike in Limerick is awarded more than €27k

David Hurley

Reporter:

David Hurley

The girl sued Limerick City and County Council for damages relating to the incident which happened in July 2015

The girl sued Limerick City and County Council for damages relating to the incident which happened in July 2015

A YOUNG girl who fell over the handlebars of her bike after she cycled into a large pothole on a “public highway” in Limerick has been awarded more than €27,000 in damages.

Through her mother, the now nine-year-old girl sued Limerick City and County Council for damages relating to the incident which happened in July 2015.

While the plaintiff has an address in the Crecora area of County Limerick, the exact location of the accident was not disclosed to the court.

During a brief ex parte (one side only) hearing, Sheila Finn BL said the local authority was liable as it is responsible for the maintenance and upkeep of the road.

A number of medical reports, relating to the young girl, were submitted to the court in support of the legal action.

Judge Gerald Keys was told the girl, who was aged five at the time of the accident, broke a bone in her right elbow as a result of the fall.

She received medical treatment following the incident and Ms Finn confirmed her client has made a full recovery from the injury and that there are no continuing concerns.

There was no evidence that the girl had developed psychological difficulties following the fall.

She said the girl and her mother were happy with the offer and that she was recommending it to the court for approval.

“It’s a good offer and I’m recommending it,” she said.

Having considered the submissions and medical reports and noting that the plaintiff has made a good recovery, Judge Keys agreed that the offer was appropriate.

He formally directed the payment of €27,200 in general damages plus €1,010 in special damages.

The local authority was also ordered to pay the costs and expenses of the plaintiff.

In accordance with law, the damages are to be paid to the Courts Service of Ireland.

The monies will then be invested and will not be paid out to the young girl until she turns 18.