Two children who were sprayed with petrol and fumes at a faulty fuel pump, when they were aged only four years and 21 months respectively, have been awarded almost €75,000 damages against Tesco Ireland Limited.
Barrister Hugh B Byrne told the Circuit Civil Court that Harvey Ring, now aged 11, and his brother, Zachary, now aged eight, were with their mother at the Tesco Filling Station, Clarehall, Malahide Road, Malahide, as she attempted to put petrol in the family car.
Mr Byrne, who appeared with Kiera O’Reilly of Keans Solicitors, said that on March 27, 2012, Harvey had been splashed and sprayed with petrol from the faulty pump as he watched his mum, Samantha, pour the fuel.
The boys sued Tesco Ireland Limited through their mother, Ms Samantha Ring, of Ridgewood Avenue, Forest Road, Swords, Co Dublin, who also told Circuit Court President, Mr Justice Raymond Groarke in a sworn statement, that her son Zachary, who had been asleep in the back of her car, had also been doused with petrol through an open window.
The court heard that in 2014 Harvey had been offered a settlement of €10,000 and Zachary a figure of €8,500 but Keans Solicitors, of Upper Pembroke Street, Dublin, legal representatives for the Ring family, had successfully brought an application to the court seeking rejection of those offers.
Mr Byrne told Judge Groake that Tesco Ireland, which has its registered office at Marine Road, Dun Laoghaire, Co Dublin, had now offered Harvey a settlement of €48,775 and his brother, Zachary, €25,300 and he was asking the court to accept the proposed settlements.
The court heard that the Tesco service station concerned had been aware of a potential fault in the particular pump, which Ms Ring had engaged, for some time but had not closed it off to the public.
In medical reports furnished to the court it was stated that both children had suffered shock and subsequent anxiety symptoms following the accident and had attended a number of therapy treatments.
Judge Groarke said he considered the settlements to be good ones and appropriate in the circumstances and approved both.