A five-year-old child has had an agreed settlement of compensation for a head injury in a creche increased by 50 percent during a hearing at the Circuit Civil Court.
Five year old Madison Davis from Tallaght in Dublin was attending The Little Children´s Creche in Tallaght when, in April 2012, she went to place a cup on a table. As she did so, Madison tripped and hit her head on the corner of the table – the accident resulting in her suffering a deep laceration above the left eyebrow.
Madison was taken to the National Children´s Hospital, where the laceration was closed with steri-strips. She had stitches the following day under an anaesthetic. Unfortunately Madison was left with a 2.5 centimetre scar on her forehead which she will have permanently even if she undergoes cosemetic surgery in the future.
Through her mother – Jennifer Quinn – Madison claimed compensation for a head injury in a creche; alleging that she had been left to carry the cup and traverse the floor without adequate supervision and that Fettercairn Community Childcare Ltd – trading as The Little Children´s Creche – had failed to protect her adequately.
The owners of the creche admitted liability for the accident, and a settlement of €50,000 was agreed in compensation for a head injury in a creche. However, when the case went before Mr Justice Raymond Groake at the Circuit Civil Court for approval of the settlement, the judge found it inadequate for the severity of the injury.
Judge Groake described the scar as “nasty” and said he believed the settlement should be increased by 50 percent as it will affect Madison for the rest of her life. The judge adjourned the hearing in order that the two parties could discuss the revised settlement. On his return, Judge Groake was informed that a settlement of €75,000 had been agreed upon. The judge approved the settlement and wished Madison well for the future.