201610.07
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Judge Approves Settlement of Child´s Fall from Window Injury Claim

A Circuit Court judge has approved an Injuries Board assessed settlement of a child´s fall from window injury claim in favour of a five-year-old girl.

In August 2012, fifteen-month-old Róisín Byrne fell eleven feet onto an emergency fire escape from a window of her parent´s temporary accommodation in Blackrock, County Dublin. Róisín injured her head, punctured a lung and fractured a rib in the accident. Now five years of age, she still has a visible scar on her forehead.

Róisín´s parents – Ronan Byrne and Chloe Murphy – had previously complained to the caretaker of the property about the large Georgian sash window from which their daughter fell. They claimed that it presented a risk of injury due to opening just twenty-one inches from the floor and had asked for a security mechanism to be fitted so that the window could be locked shut.

The request was never attended to and, on Róisín´s behalf, Chloe applied to the Injuries Board for an assessment of the child´s fall from window injury claim. The owner of the accommodation – Enda Woods – gave his consent for process to continue, and the Injuries Board assessed the injuries to Róisín as having a value of €46,000.

Both parties accepted the Injuries Board´s assessment but, as the child´s fall from window injury claim had been made on behalf of a minor, the proposed settlement first had to be approved by a judge. As the value of the assessment was in excess of €15,000, the approval hearing was held at the Circuit Civil Court before Mr Justice Raymond Groarke.

At the approval hearing, the circumstances of Róisín´s accident were related the judge, who was also informed about the scar on her forehead. Judge Groarke approved the settlement of the child´s fall from window claim, which will now be paid into court funds until Róisín is eighteen years of age.