A permanent scar compensation claim has been resolved at the High Court with the approval of a €106,000 settlement in favour of a seventeen-year-old girl.
In August 2009, Shauna Burke from Corbally in County Limerick was on holiday with her family at Slattery´s Caravan Park in Lahinch, County Clare, when she lacerated her leg on a nail that was allegedly protruding from a box attached to a pole. Shauna – who was ten years old at the time – received medical treatment for her injury, but – now seventeen years of age – has a permanent visible scar above her knee.
On Shauna´s behalf, John Burke – her father – made a permanent scar compensation claim against the owner of the caravan park – Austin Francis Slattery. Slattery denied that he was liable for Shauna´s injury and the resulting scar, but agreed to a €106,000 settlement of the permanent scar compensation claim – made up of €90,000 for Shauna´s pain and suffering and €16,000 for her future medical care.
As the permanent scar compensation claim had been made on behalf of a child, the offer of settlement had to be approved by a judge to ensure it was in Shauna´s best interests. Consequently at the High Court, Mr Justice Anthony Barr heard allegations that the nail on which Shauna cut her leg was a hazard that should have been removed due to it being located in an area often frequented by guests at the caravan park.
After inspecting the scar, Judge Barr said that the proposed settlement of the permanent scar compensation claim was a good one and that he was happy to approve it. Because Shauna is still a legal minor, the judge ordered that the settlement should be paid into court funds, where it will remain in an interest yielding account until Shauna´s eighteenth birthday.