McElhinney & Associates recently acted in a personal injury case involving a young child who was seriously injured while attending a public play park. The child was struck by a moving piece of play equipment, namely a spinning merry-go-round and sustained a fracture to his left forearm, involving both the radius and ulna, as well as a small puncture wound.
The injury required surgical intervention under general anaesthetic and the application of an above-elbow cast for a number of weeks. The child was out of school for a prolonged period and was left with a residual scar as a result of the accident.
The claim was initially submitted to the Personal Injuries Assessment Board (PIAB). However, as is common in cases involving minors, court proceedings were later issued in the Circuit Court to ensure the matter could be brought before a judge. The defendant denied liability throughout.
Following negotiations and in light of the circumstances, the case ultimately resolved on terms representing 150% of the PIAB’s original assessment. The settlement was approved by the court, which is standard procedure in infant cases.
This case highlights two important considerations: firstly, the importance of safe design and supervision within public play areas, and secondly, the role of legal proceedings in protecting the rights of injured children. While no legal case can undo the trauma of an injury, the outcome secured ensures that the child’s needs — both present and future — are appropriately acknowledged and compensated.
If your child has been injured in a public or private setting and you are unsure of your rights, our team has extensive experience in handling child injury claims with sensitivity and diligence.
Disclaimer
In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
About the Authors
Jolene McElhinney, BBLS, Principal Solicitor
Jolene McElhinney is the founding principal of McElhinney & Associates, renowned for her expertise in employment law and personal injury claims across the North West of Ireland. With a distinguished academic background and over a decade of experience, Jolene is dedicated to providing personalised, expert support to her clients, ensuring they navigate the complexities of the legal landscape with confidence and clarity.
