A teenager who allegedly suffered a neck injury when exercising in a Dublin gym five years ago has settled a High Court action for more than €72,000.
Caoimhe Keogh was using a TRX machine, a suspension training tool, at her local West Wood gym in Clontarf, Dublin, when the incident occurred, her counsel told the High Court on Wednesday.
Barrister Alannah McGurk, instructed by Healy Law, told the court it was their case that the girl, who was 11 years old at the time of the incident in October 2020, suffered a serious neck injury when the ropes gave way and she fell back.
She had been in a purpose-built children’s area of the gym.
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Counsel said it was their case that the TRX machine was allegedly defective.
Caoimhe, who was taken to hospital following the incident, was found to have suffered compression fractures, and she had to wear a neck brace for three months.
Counsel said the settlement included €70,000 in general damages and more than €2,700 in special damages.
Caoimhe Keogh (16), of Clontarf, Dublin had through her father Paul Keogh sued ILG Limited, with a registered address at West Wood Gym and Health Club, Leopardstown Racecourse, Foxrock, Dublin and Templeville Developments Ltd, of the same address and the owners of the gym where the incident occurred.
It was claimed the rope on the TRX machine gave way and the young girl fell backwards on to her neck, sustaining a severe injury.
In the proceedings, it was claimed there was an alleged failure to ensure that the TRX machine was in a safe and suitable condition to be used and there was an alleged failure to ensure proper management and inspection of all machines at the premises.
It was further claimed that an alleged defective TRX machine had been allowed to be on the premises.
Mr Justice Conor Dignam said he had no hesitation in approving the settlement. He noted a medical report from two years ago which said the girl complained of ongoing intermittent neck pain but she has now returned to sporting activity, including camogie and tennis.
