Damages for young girl whose toes were fractured by falling sink at Limerick store

David Hurley

Reporter:

David Hurley

Limerick Circuit Court, was told that in the immediate aftermath of the accident, the girl also experienced tiredness after walking.

Limerick Circuit Court, was told that in the immediate aftermath of the accident, the girl also experienced tiredness after walking.

A FIVE-year-old girl from Limerick who fractured two bones in her foot after a sink unit and pedestal toppled over and fell on her has been awarded €25,000 in damages.

Through her mother, the girl initiated a legal action against Mayo Tile Warehouse Limited relating to an incident which happened at a premises it operates in the city.

During an ex-parte (one side only) application, Judge Gerald Keys was told the girl was in the Tile Warehouse showroom on the Dock Road on April 28, 2016 when the sink unit fell – injuring her left foot.

Sarah Walsh BL said while her client sustained fractures to two metatarsal bones, things could have been “significantly worse” for her.

The plaintiff, who was aged three at time, received medical treatment and had to wear a cast for four weeks after the incident.

She had a visible limp for some time after the cast was removed but that issue has since resolved itself.

Limerick Circuit Court, was told that in the immediate aftermath of the accident, the girl also experienced tiredness after walking.

However, within a year doctors were satisfied there were no long-term issues and that she had made a good recovery.

The fractures, the court heard, did not affect the growth of the plaintiff’s foot and there were no complicating factors. Referring to the contents of a number of medical reports, Ms Wlash said no permanent damage was caused and that the young girl has made a full recovery.

Judge Keys was told that following the rejection of an initial assessment from the Injuries Board, the plaintiff was examined by another doctor January.

That assessment confirmed that everything was “entirely normal” and that no abnormalities were identified.

“She is walking freely, she is fully recovered, she is doing very well,” stated Ms Walsh who added there were also no concerns of a psychological nature relating to her client.

Recommending the revised offer of €25,000 to the court, Ms Wlash said her client and her mother were also happy with the offer.

“She sustained two simple fractures, it’s a good offer within the range,” she said.

Judge Keys agreed and having formally approved the offer, directed the payment of the damages plus the defendant’s cost.

Once paid into court, the monies will be invested by the Courts Service of Ireland for the benefit of the toddler when she turns 18.