A CHILD who fell off monkey bars in a playground at Naas Racecourse and fractured his elbow seven years ago has settled a High Court action for €50,000.
Kye Harrison was seven years of age when the accident happened. Through his mother, Lesley, he sued Naas Race Company PLC, as a result of the fall in 2017.
It was claimed there was an alleged failure to provide an adequate and safe ground surface at the playground.
The court heard an engineer’s report on behalf of the Harrison side contended the wood chippings on the surface of the playground lacked a sufficient depth and it would be argued the surface should have been at a particular depth.
In an affidavit to the court, the child’s mother said her son sustained an injury to his left arm. He was assessed by the racecourse doctor and his arm put in a sling before he was transferred to hospital.
The boy had to have surgery and has been left with a 6cm surgical scar. The child was in a plaster for six weeks after the accident but has now fully recovered.
Approving the settlement, Mr Justice Garret Simons noted the child had made a good recovery. The judge said the €50,000 settlement represented the full value of the case.