A €52,000 personal injury accident compensation settlement has been agreed in a High Court Action taken by a teenage girl, Angelica Riabusko, who required stitches to her forehead after a goalpost on which she was swinging fell on top of her.
Taking the legal action via her mother Marina against Wicklow County Council in relation to the injuries she sustained on the pitch at Arklow Leisure Centre on August 27, 2016.
Justice Garrett Simons was informed that the girl, now 17 years old, was just 13 years old when the accident occurred as she was out for a walk with her mother. When they got to the gate of the leisure centre’s pitch they found that it was unlocked. The had not been at that location previously and they entered.
Angelica – with an address at Charlesland Park, Greystones, Co Wicklow – hung onto the goal post and began to swing when it fell on top of her. She struck her her head on the ground and had to have stitches applied to the wound on her forehead. Her legal representatives said a full defence had been submitted in the Circuit Court and it was decided to initiate a legal action in the High Court due to the chance that Angelica may opt to undergo cosmetic surgery to the wound on her forehead at some point in the future.
Counsel informed the Judge that the defence claimed that contributory negligence was evident due to the fact that there was a question as to whether Ms Riabusko and her mother should have been in that section of the centre on the day that the accident occurred. This resulted in a lower compensation settlement offer but the plaintiff felt that this was fair as there was a significant risk in proceeding to trial and was seeking approval of the offer.
In approving the judge that while the girl had suffered a serious issue when the girl from the goalpost while on a walk with her mother present. However, he added that there were significant problems evident in relation to liability and contributory negligence. Due to this he awarded €52,000 which is comprised of €50,000 with €2,091 special damages which took into accoutn a discount for contributory negligence. The Judge added that there was a chance that the award could have been plower if the case went to a full trial setting and due to this he felt that this representing a “very good” compensation settlement.