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

by | Oct 7, 2016

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.

Need Help?

If you have any legal questions arising from an injury then please call us now on our 24-Hour helpline on 1800-989 900

This is a free-to-call line to book a call with a Coleman Legal solicitor. There are no charges or obligations for using this service and you will NOT be pressured into making a claim or using our services. We always respect your privacy and comply with GDPR regulations.