Boy impaled on railing spike settles High Court action for €90,000

A young boy who suffered a laceration to his leg when he became impaled on a spike on a railing he was climbing has settled his High Court action for €90,000.

uke McDermott was only 10-years-old when he became impaled on a plastic coated spike or wire protruding from the top of the railing as he tried to access a playing field, the court heard.

He has now been left with a 12-centimetre scar on the calf of his left leg.

Mr Justice Garrett Simons was told it was as if the section of the fence had been installed upside down.

Luke (now aged 13) of Dunsoghly Avenue, Finglas, Dublin, had through his mother Margaret McDermott, sued Fingal County Council and Cappagh Homes Ltd trading as Dereen Construction as a result of the accident on October 31, 2017.

In an affidavit, Ms McDermott said her son was playing in the Dunsoghly Drive area when he climbed the railings and became impaled on a plastic coated wire which was protruding at the top of the fence. She said after the accident he was brought to Children’s University Hospital, Temple Street where an X-ray revealed no evidence of a fracture of injury to his knee or ankle joint, but he had a large laceration on his calf.

He was transferred to the theatre where the wound was treated, and his mother said he was fortunate there was no damage to the muscle itself.

She said the function in both his feet was normal when he was examined in April 2018 and her son also went back to playing football.

She said he has a large inverted V type scar to his left leg which is still very red and about 12 centimetres long.

Approving the settlement Mr Justice Simons said it was a good one.

He noted there could have been some issues with liability in the case as there was a pedestrian entrance to the playing field close to where the accident occurred.

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