High Court action for €192,000 after falling from a miniature train while going to visit Santa’s grotto at a fairground in Co. Donegal has been settled for a young girl.
Dragged for a Short Distance
It was claimed that the girl, who was six at the time of the incident in 2016, fell through a gap in the train’s door as it was going around a corner. It was alleged that her jacket was caught in a part of the train, being dragged for a short distance when her leg was eventually caught under the train.
As a result of the incident, the girl suffered a soft tissue injury to her leg which later required plastic surgery. She has been left with a scar on the leg which may require further surgery in the future.
After the incident, the High Court Action heard that the child had been worried about future accidents of a similar nature, falling out of the car, as well as visiting fairgrounds.
Through her father, the girl, now aged 11, sued the operator of the Santa Train, Gerry Robinson, trading as Difflin Light Railways, headquartered at Oakfield Park, Raphoe, Co Donegal.
Failure to Provide a Safe Premises
As part of the action, it was claimed that the defendant had been negligent on a number of issues, including a failure to provide a safe premises and to ensure the chain across the door of the train was at a height suitable enough to ensure that a child of her age would not fall out.
In approving the settlement amount of €192,000, Mr Justice Michael Hanna authorised a pay-out of €2000, with the rest to be lodged in court until the time when she reaches 18. Mr Justice Hanna wished the complainant the best of luck.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
