Child who suffered crush injury to finger at play school awarded €20,000

Settlement reduced from €40,000 due to significant issues on liability

A child who got her finger stuck in a fire door at a Dublin play school has settled her High Court action for €20,000.

Brooke Weldon was aged three years when she suffered a crush injury to her right ring finger tip and has no memory of the incident, the court heard.

Mr Justice Garrett Simons was told the play school disputed the account of the accident and that CCTV footage appeared to support a different narrative, where the child emerged from a bathroom with the injured finger.

Now aged 10, with an address at Seagrave Court, Finglas, the child, through her mother Nikita Weldon, had sued Poppintree Early Education Centre Ltd, Poppintree Community Centre, Ballymun, as a result of the accident on the premises on January 13th, 2014.

READ MORE

Claims denied

It was claimed there was failure to properly supervise the child at all times and to ensure the door, which led to the toilets, did not close on the child’s fingers.

The claims were denied.

The High Court heard the child was taken to the Temple Street children’s hospital, where it was noted she had a crush injury to her right fingertip. She had surgery to repair the tip and her finger required dressings for three to four weeks afterwards.

She now uses her left hand to write and do everyday things and has slight scarring on the fingertip, the court heard.

Approving the settlement, the judge said there were significant issues on liability. The full value of such a case would be €40,000 but the fact the child has no memory of the accident and there was a dispute on the account, along with the CCTV, meant there was a 50 per cent discount, reducing the settlement to €20,000.

He said the settlement was a good and sensible result and he wished the young girl the best of luck. He allowed a payment out of €250 so the child can celebrate the end of the case and what he described as a particular trauma for her.