€80,000 for boy left scarred after climbing on building site fence

A boy left with a nasty scar on his arm after catching it on a fence as he climbed out of a construction site has settled his High Court action for €80,000.

Vincent Doran, who was 13 at the time, climbed over a wall after a tennis ball he was playing with went into the site of a housing development at Thorndale, Delgany, Co Wicklow.

He retrieved the ball and threw it back to his friends and then attempted to exit the site over a mesh fence.

The teenager slipped and fell, catching his right forearm in the fence. He suffered a laceration to his arm and had to be treated in hospital.

His counsel Gabriel Gavigan SC said Vincent has been left with a nasty scar on his arm as a result of the accident.

Vincent, now aged 16, of New Road, Killincarrig, Greystones, Co Wicklow had, through his mother Lorraine Pender, sued Michael Browne trading as BBA Architecture, Edengate Centre, Delgany, and Kingscroft Developments Ltd with offices at Main Street, Clonee, Co Meath.

Responsible

The court heard the firms were responsible for the construction site at the time of the accident on May 14th, 2016.

It was claimed in the action that there was a failure to exercise any or any reasonable care towards persons, particularly children, who might attempt to climb the fence, when it was known or ought to have been known that it was in an allegedly dangerous condition.

It was further claimed the fence was unstable and dangerous to persons, particularly children, who might attempt to climb it.

The claims were denied and it was pleaded that there was an adequate system of supervision, monitoring and safety at the construction site and it was denied that there was any failure to adequately maintain the fence.

Approving the settlement, Mr Justice Kevin Cross said it was a very nasty scar and the settlement, considering all the circumstances, was a very good one.