A child who hit her head on a chair when she fell after returning from the schoolyard has settled a High Court action against a Montessori school for €30,000.
Lara Higgins was five years old when she sustained a laceration near her left eye when she fell forward and struck her head on a chair that was propping open a door on January 25th, 2018.
The settlement was made without an admission of liability.
Through her mother, Leanne Higgins, Lara (now aged nine), of Clonmethan Green, Oldtown, Co Dublin sued Drumnigh Montessori Primary School Company, which operates a school at Newbrook Road, Donaghemede, Dublin.
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Approving the settlement, Mr Justice Garrett Simons noted Lara claimed another child bumped into her as they queued to go inside. This, he said, was “part of the rough and tumble of life”.
The judge said it did not seem to him the use of the chair was negligent.
He noted a full defence had been entered and said there was a significant risk that liability would go against the girl.
The girl’s action claimed she had to have surgery a year after the incident and had been left with a 3cm scar.
It was alleged the chair was placed in an inappropriate location, creating an obstruction at the door area.
All the claims were denied, and the school contended it was an unfortunate accident that was not caused or contributed to by any alleged default or neglect. It claimed the child simply tripped and fell.
The girl’s counsel, Kevin D’Arcy BL, instructed by Niall Corr Solicitors, told the court that Lara said another child pushed her and she fell forward.
After examining the scar, Mr Justice Simons said it was noticeable but not particularly obvious or significant. He approved the settlement, which he described as very good and generous.
