Boy (9) who broke bone in his leg at a crèche, awarded €52k damages.

A nine-year-old schoolboy, who broke a bone in his leg at a crèche five years ago, was awarded €52,600 damages against the crèche owners.  The boy’s mother told Circuit Court President, Mr Justice Raymond Groarke, that her son, who was just four at the time, had been startled and fell in the washroom at the crèche when a light was suddenly switched off and on.  Counsel for the Plaintiff said the boy was among a group taken to the washroom to use the facilities, just days after his fourth birthday, when the accident happened.  The barrister told the court that the boy had suffered a fracture to a thigh bone as a result of the fall and had been confined for some weeks at home in a right hip spica cast. Counsel said the boy had been admitted to Hospital on the day of the accident and detained overnight. He had undergone surgery the following day.  The boy’s mother told the court in an affidavit that the Personal Injuries Board had assessed compensation for her son’s injury at €32,000 but she had refused to accept this and, following talks between the legal teams on both sides, RSA Insurance, on behalf of the crèche had made an offer of €50,000.  The boy’s mother who had brought a €60,000 claim against the Crèche told the court the family also had to repay €2,000 to their private health insurers. Negligence and breach of duty had been alleged against the crèche owners.  Judge Groarke, who said he was satisfied from the mothers’ assurances to the court that her son had fully recovered after the accident, approved settlement terms of €52,600.