localnews.ie

Boy awarded €38,000 after getting hand trapped in Wicklow shopping centre lift

By Darragh McCann, The Wicklow People

The Wicklow People

A Wicklow judge has approved a €38,000 settlement for a young boy who suffered serious hand injuries after his hand became trapped in a lift door at a shopping centre in Arklow.

An infant settlement application was brought before a sitting of Wicklow Circuit Civil Court by the boy, who was suing through his mother, in a case against Bridgewater Shopping Centre, with a registered business address at Monaghan Road, Co Cork.

On June 15, 2023, the boy was with his aunt and siblings, while collecting his brother from a dance lesson. They went down in a lift, where the minor’s hand was sucked into the side of the lift door, resulting in very serious injuries and blood loss.

Following the accident, it took a considerable amount of time before the relevant staff member was located and able to free his hand.

Counsel for the minor, Gillian Reid, instructed by solicitor Therese Kearney, informed the court that her client was left with a scar on his hand.

The court heard, The Personal Injuries Assessment Board assessed the injury at €18,000 in damages, which counsel argued was unacceptable.

Although the boy continues to experience difficulties with his hand, he remains actively involved in sports, including hurling and rugby.

Judge John Martin called the youth to the bench to assess his hand.

He commented that the assessment “was way off the mark”, adding that the injury was “a nasty keloid scar”.

It was noted that “under an older regime”, the settlement would have ended up in a higher judicial jurisdiction, such as the High Court.

The guidelines suggested the settlement could go as high as €25,000, with the judge directing the instructing solicitor to contact Allianz Insurance and inform them that he had seen the scar and that “if they viewed the scar they wouldn’t dispute it”.

However, the matter returned to Wicklow Circuit Court on Friday, July 24, with Ms Reid stating that Allianz had met the valuation of €38,000, with costs also being awarded to the applicant’s legal team to the value of €1,433.

Judge Martin approved the settlement and directed that the money be lodged in an account until the boy reaches the age of 18, describing the outcome as “excellent news”.