A child who fractured his elbow when he fell off a playground’s monkey bars has settled his High Court action for €50,000.
Kye Harrison was seven years old when the accident happened at the playground at Naas racecourse. He was in a plaster for six weeks after the accident but has since fully recovered.
Kye Harrison (now 14), of Elesmore Gate, Naas, Co Kildare, had through his mother, Lesley Harrison, sued The Naas Race Company, public limited company, as a result of the fall at the playground at Tipper Road, Tipper West, Naas, Co Kildare, on January 8th, 2017.
He claimed there was a failure to provide an adequate and safe ground surface at the playground.
The court heard an engineer’s report on the boy’s behalf contended that the wood chippings on the surface of the playground lacked a sufficient depth and, if the case proceed to trial, 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 was put in a sling before he was transferred to hospital.
Kye had to have surgery and has been left with a six-cm surgical scar. While he required a plaster for six weeks, but he is now fully recovered.
Approving the settlement, Mr Justice Garret Simons noted the child has made a good recovery. The judge said the €50,000 settlement represented the full value of the case.