A €63,000 playground slide injury compensation award has been approved at the High Court in relation to a Tayto Park accident where a now 16-year-old boy fell on August 26, 2013
Presiding Judge Garrett Simons was advised that Seán Kelly was ‘doubled up’ in pain following a fall that occurred when he was exiting the run-off area of the slide. Those nearby administered First aid to him and he threw up a number of times. His family brought him to their local doctor, for further treatment later, and he was then sent him to Tallaght Paediatric Emergency Department. Here an X-ray revealed that he had sustained a grade two injury to his kidney.
11-years-old at the time of the incident, Seán Kelly was involved in the accident at Tayto Park, Co. Meath. Judge Simons was told that Seán – who resides with his family at Coolkill, Sandyford, Dublin – was informed he should be wearing shoe covers to deal with the friction from the slide when he fell off the run-off section, and landed on the side of tubing injuring himself
Following his diagnosis, Seán’s was prescribed a course of antibiotics to tackle his kidney injuries. He has fully recovered by the following January.
Barrister Patrick O’Connell SC, representing Seán in Court, told the Judge that there was an insufficient number of supervisors in place for the children when they were getting off the slide. Mr O’Connell added that the slide was polished to a high degree and was particularly slippery at the run-off area. In addition to this he said that the sides of the slide should have been coated with foam or rubber. This would have meant there was less chance of an injury occurring if a child slipped on it. There was also a claim that the slide should have been built so that users would come to the end of the run and not be in a position to get off it before then.
Justice Judge Simons was advised that a Tayto Park accident compensation offer of just under €63,000 had been agreed between all parties. Judge Simons gave his approval playground fall compensation settlement.