Thursday 22 August 2019

Boy who cut arm while climbing building site fence gets €80,000 settlement

Payout: Lorraine Pender, mother of Vincent Doran, leaving the Four Courts yesterday. Photo: Collins Courts
Payout: Lorraine Pender, mother of Vincent Doran, leaving the Four Courts yesterday. Photo: Collins Courts

Tim Healy

A boy who injured his arm climbing out of a construction site after retrieving a tennis ball has settled his High Court action for €80,000.

Vincent Doran was 13 when the accident happened after the ball went over a fence at a housing development site at Thorndale, Delgany, Co Wicklow, on May 14, 2016.

He had retrieved the ball and threw it back to his friend, but attempted to exit the site over a mesh fence when he was injured.

He slipped and fell, catching his right forearm in the fence. He suffered a cut to the arm and had to be treated in hospital.

His counsel, Gabriel Gavigan SC, said he had been left with a nasty scar to his arm.

Vincent, now aged 16, of New Road, Killincarrig, Greystones, Co Wicklow, through his mother, Lorraine Pender, sued Michael Browne trading as BBA Architecture, Edengate Centre, Delgany, Co Wicklow, and Kingscroft Developments Ltd with offices at Main Street, Clonee, Co Meath, who were responsible for the construction site.

It was claimed there was a failure to exercise any or any reasonable care towards persons, particularly children, who might attempt to climb the fence, when it was known or ought to have been known it was in an allegedly dangerous condition.

It was further claimed the fence was allegedly unstable and dangerous, particularly to children who might attempt to climb it.

The claims were denied. It was contended there was in place an adequate system for supervision, monitoring and safety of the use of the site. It was denied there was an a failure to adequately maintain the fence.

Irish Independent

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