Boy injured in fall from boulders awarded €53,500

A boy who fractured his nose when he fell after climbing on to boulders placed on a roadway has settled his High Court action against Dublin City Council for €53,500.

Arthur Collins (12), of Avila Gardens, Finglas, was five when the accident happened on April 8th, 2010, while he was playing on a concrete boulder at Avila Close, near his home.

David Nolan SC, for the boy, said he fell off a boulder, hurting his face and lip and fracturing his nose. He now suffers from nasal blockages and may need surgery when he turns 18, counsel said.

Through his mother Maria Collins, the boy sued the council as a result of the incident.

Liability was denied

It was claimed the boulders had been placed on the public roadway in such a manner as to create a hazard.

It was alleged a hazard had been created or maintained which the council knew, or ought to have known, would attract children playing on the roadway. He also alleged failure to cordon off the public roadway by means of secure fencing or other suitable alternative. Liability was denied.

After he fell, Arthur, who was bleeding from the nose, was taken to Temple Street Children’s Hospital where he was found to have fractured nasal bones and had soft tissue injuries to the face.

Approving the settlement, Mr Justice Kevin Cross said it was a very reasonable one and he wished the boy well for the future.