A boy who it was claimed suffered a face fracture after falling 18ft to the ground through an alleged gap in a stair banisters has settled a High Court action against a letting agent and two property management firms for €260,000.
Kai Keane was just over two years of age when the incident occurred as he walked upstairs to the family’s second floor apartment on returning from an outing with his father.
Kai, from Dún Laoghaire, who is now nine, had sued through his mother, Aoife Fagan, letting agents Sherry Fitzgerald, who let out the apartment where the family lived at the time; management agent Sky Property Management Ltd, with registered offices at Sandyford, Dublin; and the management company for the apartment complex, Killiney Court Management, with registered offices at Stepaside, Dublin.
Kai’s counsel, Dr John O’Mahony SC, told the High Court the boy fell two storeys to the ground level.
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Counsel said it was their case that there was at the time a defect in the banisters and the boy fell down two levels and hit his head on the ground.
The child, he said, was silent for two minutes and then there were floods of tears. He was rushed to hospital, where a significant fracture to the left side of his face was discovered, and he also had black eyes, counsel said.
Counsel said the settlement was without an admission of liability.
The accident occurred on December 9th, 2017, at Killiney Court, Seafield Road, Killiney, Co Dublin, where Kai’s family were renting an apartment in the apartment complex.
In the proceedings it was claimed there was alleged failure to find a safe means of access and egress for the child while on the premises.
It was also contended that there was an alleged failure to check, inspect, notice or maintain the guard rail so that it did not present a falling risk.
It was also claimed there was a failure to provide a safe way for families to access their rented properties whether by a lift or a properly guarded stairs.
All of the claims were denied and the defendants further denied that the child’s accident was contributed to by any alleged negligence or breach of duty on their part.
Dr O’Mahony told the court there were issues in relation to causation in the case. He said experts on all sides would say there was an issue in relation to causation.
Approving the settlement, Mr Justice Paul Coffey said he was satisfied the offer was fair and reasonable, and it was in the best interests of the boy that it be approved by the court. He wished Kai the best for the future.
