Boy who cut hand in council garden fall awarded €50,000 by High Court

ireland
Boy Who Cut Hand In Council Garden Fall Awarded €50,000 By High Court
Gavin Wall was 10 years old when he suffered a laceration to his right hand at New Ross Town Council Gardens, Co Wexford. Photo: File image
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A boy who cut his hand when he landed on broken glass after he jumped off a wall onto grass in a town council garden has been awarded over €50,000 by the High Court.

Gavin Wall was 10 years old when he suffered a laceration to his right hand at New Ross Town Council Gardens, Co Wexford four years ago.

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The boy, who later had to have surgery, has been left with a nine-centimetre scar as a result of the accident on August 20th, 2018.

Gavin Wall, now aged 14, of Carnagh, Foulksmills, Co Wexford had through his mother Maria Wall sued Wexford County Council over the accident.

The case centred on the maintenance of the grassy area and whether in relation to the glass the county council should be responsible for the actions of a third party.

In an affidavit to the court, Maria Wall said her son was playing at the New Ross Town Council gardens at High Hill, New Ross when he sustained a nasty hand injury when he fell on broken glass.

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Operation

She said her son was brought to University Hospital Waterford A&E and later transferred to Cork University Hospital, where a few days later he had an operation to repair the laceration on his right hand, as well as a nerve and muscles.

Ms Wall said her son continues to complain of sensitivity in cold weather and he also has a scar on his hand.

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The case was before the court for the approval of the assessment of €50,000 general damages, along with €1,775 special damages, by the Personal Injuries Assessment Board (PIAB).

Mr Justice Garrett Simons was told the boy had jumped down from a wall to a grass area and put out his hand as he landed and it struck glass which was in the grass.

He suffered a laceration to his right hand. The boy, the court heard, has made a very good recovery and has since returned to hurling without difficulty.

Approving the PIAB assessment, Mr Justice Simons said it was a good assessment and there would have been a risk in relation to liability in the case.

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