A thirteen year old boy has received €25,000 in compensation for injuries his suffered following a fall from a playground tower at Tayto Park in March 2012.
Conor Bolger, now thirteen years of age, of Briarfield Road, Kilbarrack, was visiting Tayto Park in March 2012. While playing at the playground, he fell from the playground tower, breaking his elbow. Conor was rushed to hospital, and underwent a surgical procedure to place pins in his lower arm after he fractured his elbow.
Through his father, Conor filed the legal compensation claim against Ashbourne Visitor Centre Ltd, Co Meath trading as Tayto Park, due the injuries he was inflicted with in the incident and the subsequent surgery and physiotherapy which he had to endure.
It was argued by Mr Bolger’s legal representation that tower he was climbing was overcrowded at this time. This created an unsafe environment, and contributed to the fall. In addition to this, it was claimed, the ground surrounding the tower did not have a sufficient amount of protective wood mulch. They claimed that regular inspections and safety checks were not being carried out in the area. The legal team felt that, had these measures been in place, the plaintiff’s injuries may not have been as severe.
Counsel for Tayto Park (Ashbourne Visitor Centre) David McGrath SC denied these allegation. He stated the boy was climbing the Tayto Park tower when he “just fell” and this was not due to any issue with the tower itself. Mr McGrath advised the High Court Justice Kevin Cross that that boy’s family were happy to agree to a settlement of €25,000 for Tayto Park fall compensation.
High Court Justice Cross approved the settlement, stating that Conor’s scarred elbow was not “too upsetting”. He also commented that Conor was known to enjoy playing basketball at the time of the incident and would have had difficulty doing this due to dexterity issues from the injuries.