Boy who fell in Tayto Park playground awarded €25,000

A boy who fractured his lower arm after after falling while he climbed a tower in a Tayto Park playground five years years ago has settled his High Court action for €25,000.

Conor Bolger suffered a fracture and later had to have surgery and pins inserted near his elbow after the accident, the court was told.

Conor, now aged 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 25th 2012.

It was claimed the child was in the playground which was the central attraction in the visitor centre. He fell from one of the towers in the playground which, it was alleged, was overcrowded.

It was claimed the ground below was 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 failure to have in place a proper system of insepection 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 no criticism in relation to the tower itself and the boy “just fell”, counsel said.

Mr McGrath said Conor suffered a serious injury and has been left with a scar but has made a good recovery.

The family were happy with the settlement, he added.

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.