201612.13
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Judge Approves Settlement of Claim against B&Q for a Finger Injury

A Circuit Civil Court judge has approved the settlement of a claim against B&Q for a finger injury, made by a Dublin man on behalf of his six-year-old son.

In November 2011, the man´s son was just sixteen months of age when he cut the base of his right hand middle finger on a fire purchased from B&Q. He was taken to the A&E Department of Crumlin Hospital where it was diagnosed that he had completely severed one tendon, and suffered damage to another as well as to an artery and a nerve.

The young boy underwent surgery under a general anaesthetic to repair the damage to his finger and was discharged from hospital wearing a cast. Despite the seriousness of the injury, the boy can now use his right hand fully without difficulty or pain, and the scars from his injury and the subsequent surgery are expected to disappear as he grows older.

Through his father, the boy made a claim against B&Q for a finger injury, and also included Focal Point Fires of London in the claim – alleging that the company was negligent in the manufacture of the wall-mounted fire. B&Q and Focal Point Fires admitted liability for the boy´s injury and made an offer of settlement amounting to €30,000.

The family were advised to accept the offer of settlement; but, as the claim against B&Q for a finger injury had been made on behalf of a child, the proposed settlement first had to be approved by a judge to ensure that it was in the boy´s best interests. The approval hearing took place earlier this week at the Circuit Civil Court before Judge James O´Donohoe.

At the hearing, Judge O´Donohoe was told the circumstances of the accident and the medical attention that the boy subsequently received. He heard that the boy had recovered full functionality of his right hand and that there was a low possibility of a permanent cosmetic injury. After inspecting the boy´s hand Judge O´Donohoe approved the settlement of the claim against B&Q for a finger injury, stating that the settlement was adequate and appropriate.