Schoolboy (9) awarded €11k after being struck on head by dumbbell in Dunnes Stores
Published 10/11/2016 | 02:30
A nine-year-old schoolboy who claimed a one-kilo dumbbell fell on his head in a Dunnes Stores shop has been awarded €11,595 damages in the Circuit Civil Court.
Barrister Tracy Ennis Faherty told the court that Yug Bhansali was only four years old when the incident happened in January 2011 at Dunnes Stores in Blanchardstown, Dublin.
Ms Ennis Faherty said the vinyl dumbbell, which weighed at least a kilo, had fallen off a shelf in the clothing department in the store.
Yug had immediately felt pain to his head and had been very upset.
Ms Ennis Faherty told Circuit Court President Mr Justice Raymond Groarke that Yug had later needed to attend his GP because after complaining of headaches.
A CT scan had not revealed any trauma to Yug's head.
Through his father - Pallav Bhansali, of Hazelhatch Park, Celbridge, Co Kildare, Yug - sued Dunnes Stores for negligence.
He claimed the store had failed in its duty of reasonable care by allowing the dumbbell, "a dangerous item of weight", to fall on his son's head.
Ms Ennis Faherty said the defendant had made a €11,595 settlement offer, which she recommended to the court. She said that liability would be an issue if the case proceeded to a full hearing.
Judge Groake, approving the offer, said he was satisfied that it was a very good one that he could not refuse.