Boy lacerated by spike when climbing fence settles action for €90,000

Luke McDermott left with 12cm on lower left leg after incident in Finglas in October 2017

A boy who suffered a laceration to his leg when he became impaled on a plastic-coated spike while climbing a railing has settled his High Court action for €90,000. File photograph: Bryan O’Brien/The Irish Times.

A boy who suffered a laceration to his leg when he became impaled on a plastic-coated spike while climbing a railing has settled his High Court action for €90,000. File photograph: Bryan O’Brien/The Irish Times.

 

A boy who suffered a laceration to his leg when he became impaled on a plastic-coated spike while climbing a railing has settled his High Court action for €90,000.

Luke McDermott was 10-years-old when he became impaled on the spike protruding from the top of the railing as he tried to access a playing field. He has been left with a 12cm scar on his lower left leg.

Mr Justice Garrett Simons heard that it appeared as if the section of the fence Luke climbed had been installed “upside down”.

Luke, now aged 13, of Dunsoghly Avenue, Finglas, Dublin, sued Fingal County Council and Cappagh Homes Ltd, trading as Dereen Construction, through his mother Margaret McDermott, as a result of October 31st, 2017 accident.

Impaled

In an affidavit, Ms McDermott said her son was playing in the Dunsoghly Drive area when he climbed the railings and became impaled on a plastic coated wire protruding at the top of the fence.

He was brought to Temple Street Children’s University Hospital, where an x-ray revealed no evidence of a fracture of injury to his knee or ankle joint. He was treated for a large laceration on his calf.

The function in both his feet was normal when he was examined in April 2018 and he went back to playing football. Ms McDermott said Luke has a large inverted V-shaped scar on his left leg, which is still very red and about 12cm long.

Approving the settlement, Mr Justice Simons said it was a good one.

He noted there could have been some issues with liability in the case as there was a pedestrian entrance to the playing field close to where the accident occurred.