A boy who suffered a brain injury after a swing he was playing on in his grandmother’s garden collapsed and struck him on the head has settled a High Court action for €77,500.
Billy Norris was seven years old when he fell forward while playing on the swing in his grandmother’s garden in Carrick on Suir, Co Tipperary and the swing fell hitting him on the back of the head.
However, Billy who is now 15 years old, will only see €50,000 of the settlement figure as the remaining €27,500 is taken up by costs, the High Court heard.
Billy Norris (15) from Carrick on Suir, Co Tipperary had, through his father Eoghan Norris, initially sued his grandmother Eileen O’Shea but the court heard she died last year and the case was now against the O’Shea estate.
The boy’s counsel Willima Fitzgerald BL told the court the boy who suffered a significant injury had made a good and remarkable recovery.
Mr Justice Paul Coffey asked counsel was he satisfied that the sum allocated for costs was warranted and Counsel said he was and they had done their best to keep costs at a minimum. The judge noted that preparation by the Norris side had to be made for a case involving a brain injury which was a case “ of greater magnitude.”
The boy had been visiting his grandmother’s house at Carrickbeg, Carrick on Suir on January 27th, 2017, with his mother when the accident happened.
While playing on the swing, which was made of gun barrel metal, the swing collapsed and struck the boy on the head, fracturing his skull.
It was claimed that at all material times it was reasonably foreseeable that the swing was potentially a hazardous risk to visitors at the premises including the little boy.
In the proceedings it was further claimed the boy had been permitted to play on a swing which was allegedly hazardous and there was an alleged failure to take appropriate safeguards or precautions to prevent the boy from being exposed to the risk of injury.
It was contended that it was reasonably foreseeable that the boy was at risk of injury due to the dilapidated state of the swing.
Judgment had been obtained in default of defence.
The boy who suffered a depressed skull fracture was rushed to hospital and transferred to a Dublin hospital for further treatment. He also had to attend the National Rehabilitation Hospital and suffered from fatigue after the accident. For a time he also had to use a wheelchair.
Approving the settlement which in all the circumstances the judge said was fair and reasonable Mr Justice Paul Coffey wished the teenager all the best for the future.
