Child who fell and hit head on a chair in school…

Child who fell and hit head on a chair in school settles High Court action for €30,000

A child who fell and hit her head on a chair as she was coming in from the school playground has settled a High Court action for €30,000.

Lara Higgins was five years old when she suffered a laceration near her left eye area after she fell forward and struck her head on the chair which was propping open a door. She had sued the school.

Approving the settlement Mr Justice Garrett Simons noted the girl said another child had accidentally bumped into her as they lined up to go inside and she fell forward into the chair.

The judge said it was “part of the rough and tumble of life”.

Mr Justice Simons said it did not seem to him the use of the chair was negligent. The settlement is without an admission of liability.

Lara, now aged 9, of Clonmethan Green, Oldtown, Co Dublin had through her mother Leanne Higgins sued Drumnigh Montessori Primary School Company who operate a Montessori school at Newbrook Road, Donaghemede, Dublin over the accident on January 25, 2018.

It was claimed that the child struck her head against a wooden and metal class chair which had been placed to prop a door open.

Lara suffered a laceration around her left eye area and a year later had to have revision surgery and has been left with a 3cm scar.

It was claimed the chair was placed in an alleged inappropriate location and an alleged obstruction had been created at the door area.

All the claims were denied, and it was contended by the school that what happened was an unfortunate accident which was not caused or contributed to by any alleged default or neglect on the part of the school.

It was further contended that the child simply tripped and fell .

Her Counsel Kevin D’Arcy BL instructed by Niall Corr Solicitors told the court the girl said she was pushed by another child and fell forward as they came in from the playground.

Counsel said at issue in the case was a chair which was propping a door open as the children came back in from the playground.

Counsel said the school would say it was an unfortunate accident and at the time there were 26 students and five supervisors in the area.

Approving the settlement Mr Justice Garrett Simons said a full defence had been entered in the case and there was a significant risk liability would go against the little girl in the case.

The judge who examined the scar said while it was noticeable it was not particularly obvious or significant.