Boy who fell off bike and cut lip awarded €65,000

Child was eight at time he says his front wheel hit a pothole in Dublin housing estate

A boy who injured his lip when he fell off his bike after the front wheel allegedly hit a pothole has settled his High Court action for €65,000. The settlement was made without admission of liability.

Malcolm Akpaka, then aged eight, was cycling in a housing estate, Cruise Park Close in Tyrrelstown, Dublin, on July 14th, 2011, when it is claimed his front wheel hit a pothole 1ft deep.

Mr Justice Garrett Simons was told the boy fell off his bicycle and suffered a deep cut to his upper lip. He was taken to hospital and had stitches to the lip and has now been left with a scar.

Now aged 16, the boy, of Cruise Park Drive, Tyrrelstown, sued Fisher Property Management Ltd, Main Street, Ongar, Dublin; Tyrrelstown No 8 Management Company Ltd, care of Fisher Property Management, which were responsible for maintenance of the estate common area; and Earthwood Ltd, The Plaza,Tyrrelstown, which constructed the roads in the estate.


It was claimed the accident happened on a road way with a cobblelock footway and the pothole was between the cobblelock and the tarmac. The claims were denied by all three defendants, and the court heard that liability was at issue between the defendants.

Mr Justice Simons said he was satisfied to make an order ruling the settlement, made without an admission of liability.