Limerick Circuit Court heard the toddler had fallen over a “significant tripping hazard” while playing on the public footpath
A TODDLER who fractured a bone in his elbow after falling on a footpath near his home in Limerick city has been awarded more than €25,000 in damages.
Through his father, the now six-year-old boy sued Limerick City and County Council in relation to an incident which happened at McDonagh Avenue, Janesboro on April 3, 2015.
Making an ex-parte application (one side only) Barrister Pat Barriscale told Limerick Circuit Court his client had fallen over a “significant tripping hazard” while playing on the public footpath.
He added that liability “ought not be an issue” in the case.
Judge Gerald Keys was told the plaintiff sustained multiple cuts and abrasions to his head and nose as a result of the fall.
The toddler, who was aged three at the time of the incident, was treated at University Hospital Limerick where it was established he had sustained a fracture to a bone in his elbow.
His left arm was placed in a cast for around nine weeks and the boy continued to experience some “stiffness and restriction of use” of his arm for several months after the cast was removed by doctors.
Mr Barriscale confirmed his client has gone on to make a full recovery and that he is now “entirely symptom free”.
There was no evidence that he developed any psychological problems as a result of the fall.
The barrister told the court the plaintiff no longer suffers from pain and that there is “no evidence of tenderness” on his arm.
“I approve the offer without hesitation,” he said.
Noting this and noting that the boy has made a full recovery, Judge Keys formally approved the offer of €25,080.
He also awarded the plaintiff his costs and he directed that the local authority pay the damages to the Courts Service of Ireland within a month.
The monies will then be invested for the benefit of the young boy when he turns 18.
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