A young girl who is alleged to have gotten her finger trapped in a fire door at her playschool has been awarded a High Court compensation settlement of €20,000.
10-year-old Brooke Weldon was aged three at the time she sustained a crush injury to her right ring finger tip.
Via her mother Nikita Weldon Brooke Weldon, Seagrave Court, Finglas, had sued Poppintree Early Education Centre Ltd, Poppintree Community Centre, Ballymun, Dublin due to the injuries she sustained in the accident on the playschool premises on January 13, 2014.
The legal action claimed there was an alleged failure to properly supervise the toddler at all times and an alleged failure to see to it that the door which led to the toilets did not shut on the child’s fingers, causing an injury. Additionally there was a claim that an alleged failure to ensure the fire door would not close on the young girl’s finger tip.
The claims were denied by the defendant.
Presiding Judge Justice Garrett Simons was informed that playschool was refuting claims. In court CCTV footage was presented which seemed to support the playschool’s claims that the child emerged from a bathroom with the injured finger.
Legal representatives for the plaintiff informed the High Court heard tthat brought attended the Children’s Hospital Temple Street to have her injuries tended to. Here it was recorded that she had suffered crush injury to her right fingertip. Due to this she underwent a surgical procedure to repair the tip. Over the next month she had further appointments for additional required dressings.
As a result of the accident Brooke now uses her left hand to write and do things on a daily basis. She sustained some scarring on the fingertip, the court heard. However, she has no memory of the incident.
In approving the settlement Mr Justice Garret Simons commented that there were significant issues on liability in this legal action. He said that, typically, the full value of such a case would be €40,000. However, due to the the fact that the child has no memory of the accident, along with the dispute events and CCTV footage, had lead to a 50% discount. This brought the overall playschool injury compensation settlement to €20,000. In addition to this Justice Simons awarded the pay-out of €250 so that Brooke can celebrate the end of the case.
He said that he was of the belief that this represents a good, sensible settlement.