A boy who injured his hand when he fell on broken glass while playing outside his home has secured €40,000 in settlement of his High Court action against Dublin City Council over its alleged failure to keep the footpath clean.
Nathan Clarke, now aged 16, Coultry Road, Ballymun, suing through his father Joseph, brought the proceedings arising out of the accident on July 6th, 2001, which occurred when he was aged seven.
Liability was admitted, and Mr Justice John Quirke today approved damages of €40,000 and directed the money be lodged in court until the boy is 18.
Nathan suffered extensive injuries to his left hand and underwent surgery in Temple Street Children’s Hospital, his counsel told the court.
Counsel also said a film about Bloody Sunday was being shot at the time in Ballymun and that council staff, who normally cleaned the street, may have been distracted by this.
In his statement of claim, it was alleged Nathan was left with scars on his hand and numbness in his little fingers. It was expected, as nerves regenerate, the level of sensation will improve.
It was also claimed the council failed to carry out its statutory duty to keep the footpath and environs outside Nathan’s home in a reasonably clean and clear state free from dangerous debris.
It was also alleged the council was guilty of nuisance by allowing the build up of broken glass on the pavement when it knew or ought to have known that children from surrounding homes frequently played there.