Boy who fractured leg in play area gets €65k settlement

Jamie Cummins was three years old when he fell 2m to the ground in a play and slide area

Leanne Moore,  mother  of Jamie Cummins of College Green, Summerhill, Wexford pictured leaving the Four Courts  after a High Court action. Photograp: Collins Courts
Leanne Moore, mother of Jamie Cummins of College Green, Summerhill, Wexford pictured leaving the Four Courts after a High Court action. Photograp: Collins Courts

A boy who fell 2m (7ft) to the ground while in a playzone area has settled his High Court action for €65,000.

Jamie Cummins was aged three when he fractured his right thigh bone in the fall as he climbed steps to access the mid-level of a three tier play and slide area at Wexford Playzone.

Jamie Cummins, Mount Prospect, Clonard, Co Wexford, sued Wexford Playzone Ltd, Clonard, Co Wexford as a result of the accident on July 18th, 2015. The case was taken through his mother, Leanne Moore.

The boy was climbing the leatherette covered steps ahead of his mother when he fell down an opening and then down a series of climbing steps to the ground.

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He was taken to hospital and a fracture of his right thigh was diagnosed.

The High Court heard liability was at issue in the case. The boy had attended the playzone with his parents and sister.

His mother, the court was told, was right behind her son and arrived at the top behind him.

The mother was assisting the boy’s sister to come up the final step when the accident happened.

Approving the settlement, Mr Justice Garrett Simons noted liability was at issue in the case and he was satisfied to rule the matter as proposed.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times