Three children who claim they suffered respiratory problems because of the damp and unhealthy state of their Dublin City Council apartment, have been awarded damages in the Circuit Civil Court.
Barrister Conor Kearney told the court that since siblings Christian (16), Nathan (10) and Macey (6) Preston moved out of the property at Carlton Hall, Shelmartin Avenue, Marino, in September of last year, their respiratory problems have improved.
Mr Kearney said the damp in the apartment had become apparent in 2011 and that the council inspected the property and installed dehumidifiers after the children’s mother, Danielle Preston, made several complaints.
The court heard some items destroyed with damp had to be replaced by the local authority.
Mr Kearney said the Prestons ultimately abandoned the property and were relocated and now live at Clanmahon Road, Donnycarney.
Circuit Court President Mr Justice Raymond Groarke heard the three children attended their GP on various occasions during 2007, 2008, 2009, 2011 and 2014 for treatment for respiratory illness.
Negligence
Through their mother Danielle, the children sued the council for negligence and breach of contract. They alleged the apartment had been unfit for human habitation.
Mr Kearney, who appeared with Blake Horrigan solicitors, said the local authority had made settlement offers of €3,000 for each of the Preston children.
Counsel said that although he found the offers to be low, there may be an issue regarding liability if the cases proceeded to a full hearing. The court heard the damp condition of the apartment may have exacerbated existing respiratory conditions.
Mr Kearney said it was part of the agreement between the parties that the Prestons would remain in the Donnycarney property rather than returning to their former apartment.
Judge Groarke approved the offer.