A boy who injured his arm climbing out of a construction site after retrieving a tennis ball has settled his High Court action for €80,000. The boy was 13 when the accident happened after the ball went over a fence at a housing development site. He had retrieved the ball and threw it back to his friend but attempted to exit the site over a mesh fence when he was injured. He slipped and fell, catching his right forearm in the fence. He suffered a cut to the arm and had to be treated in hospital. His counsel said he had been left with a nasty scar to his arm. The boy, through his mother, sued the development company who were responsible for the construction site. It was claimed there was a failure to exercise any or any reasonable care towards persons, particularly children, who might attempt to climb the fence, when it was known or ought to have been known it was in an allegedly dangerous condition. It was further claimed the fence was allegedly unstable and dangerous, particularly to children who might attempt to climb it. The claims were denied. It was contended there was in place an adequate system for supervision, monitoring and safety of the use of the site. It was denied there was a failure to adequately maintain the fence.