Sunday 19 August 2018

Boy wins €25k compensation after fracturing arm in Tayto Park tower fall

Brian Bolger, father of Conor Bolger. Picture: Collins Courts
Brian Bolger, father of Conor Bolger. Picture: Collins Courts Newsdesk Newsdesk

A child who fractured his lower arm when he fell off as he climbed a tower at Tayto Park five years ago has settled his High Court action for €25,000.

Conor Bolger the High Court heard suffered a fracture and later had to have surgery and pins inserted near his elbow after the playground accident.

Conor Bolger (now 13) of Briarfield  Road, Kilbarrack, Dublin had, through his father Brian Bolger, sued Ashbourne Visitor Centre Ltd,Co Meath trading as Tayto Park as a result of the incident on March 25, 2012.

It was claimed the young boy was playing in the playground which was the central attraction in the visitor centre. He fell from one of the high towers in the playground which it was alleged was overcrowded.

It was claimed the ground below was allegedly insufficiently covered with wood chips and the boy suffered a fracture to his left elbow. His elbow was in a cast for four weeks and he had to have surgery and have pins inserted in the elbow.

It was further claimed there was an alleged failure to have in place a proper system of insepction and replenishment of and raking of wood chips in the playground to plimsoll level.

The claims were denied.

David McGrath SC said the boy was climbing  up one of the towers when he fell.  There was, Counsel said no criticism of the tower itself and the boy "just fell". Counsel said he suffered a  serious injury and has been left with a scar but  has made a good recovery. The family, he said were happy with the settlement.

Approving the settlement, Mr Justice Kevin Cross who inspected the scar on the boy's elbow said it was not too upsetting  and he noted Conor  liked to play basketball which required some dexterity.

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