A young boy who suffered a severe crush injury to his thumb when a pavement bollard in a sports campus fell on top of his hand has settled a High Court action for €40,000.
Sebastian Ganly was four years old at the time of the incident at the GAA’s centre in the National Sports Campus, Abbotstown, Dublin, on March 16th, 2019.
His counsel, Frank Crean, told the court the little boy had been watching a match with his family and was on the way to the clubhouse afterwards when the incident occurred.
Counsel said the boy was walking ahead of his father on a path when he touched the bollard and it fell. Crean said the boy was taken to hospital and had to have surgery on his left thumb, which was fractured.
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Counsel said the boy had a number of follow-up visits and was left with a small surgical scar, but said the boy would not be left with any lifelong problems.
Counsel said it was their case that the bollard was defective.
Sebastian, who is now 11, from Malahide, Co Dublin, had through his mother Anne Rautkoski sued the GAA given the accident occurred at its national campus in Abbotstown; the bollard supplier GH Pittman Ltd, with offices at Athy Business, Campus, Athy, Co Kildare; AGK Ltd, which was responsible for the bollard installation and has offices at Barrowside Business Park, Carlow town; and Schake GMBH of Hagen, Germany, which was responsible for the design and manufacture of the bollard.
Judge Paul Coffey was told the settlement and costs were against Schake GMBH only, and the case could be struck out against the other defendants.
The settlement is without an admission of liability.
In the proceedings, it was claimed against Schake GMBH that there was a failure to take reasonable steps to ensure the bollard was free from faults and defects, and a failure to ensure that the bollard would not topple, causing the boy harm.
All of the claims were denied.
Approving the settlement, the judge said the offer was fair and reasonable, and he noted the litigation risk in the case.
