Personal Injury Compensation

10-Year-Old Girl Awarded €37,500 Takeaway Injury Compensation

July 2nd, 2018. By Compensation News.

A 10-year-old Wexford girl has been awarded €37,500 in personal injury compensation after she was burned by hot chocolate in a New Ross-based takeaway in 2014.

The girl, Kaya Caulfield, taking the compensation action via her mother Leann Kelly, of 21 Ard Mhicil, New Ross, sued Cillgarman Ltd, trading as O’Brien’s Sandwich Bar, South Street, New Ross. The Court was advised by Counsel Grainne Fahy, instructed by solicitor Martin Lawlor, that Leann Kelly had purchased the beverage for her daughter Kaya at O’Brien’s Sandwich Bar. Kaya, who was just six years old at the time, suffered burns when the hot chocolate spilled as she sat in her mother’s car.  Her legal counsel claimed that the spillage happened as the lid was not appropriately tightened on the hot chocolate cup.

Following the spillage Kaya was brought to the Care Doc and then referred to to Waterford Regional Hospital in Ardkeen. Medics decided to transfer the child to Our Lady’s Children’s Hospital in Crumlin where it was found that she had experience 2% superficial scalding to the medial aspect of both thighs. Kaya’s wounds were treated and she was an in-patient at the hospital for two days.

The Court was advised that the wounds had now healed and are no longer visible which is not usually the case with burns injuries such as those experienced by Kaya.

Judge Alice Doyle, approved the €37,500 child injury compensation settlement offer with €900 special damages plus costs had been made by Cillgarman Ltd’s insurance company.


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