The High Court approved a €30,000 settlement for a child who lost the tip of his left middle finger when a drain cover closed on his hand, but directed that most of the money be held in court until he turns 18.
Mr Justice Garrett Simons approved the settlement of the minor’s personal injuries claim against South Dublin County Council on 21 February 2022. The settlement was an “all in” sum covering damages and legal costs. The judge directed that €6,788.11, inclusive of VAT and outlay, be paid to the child’s solicitor in legal costs. The remaining €23,211.89 is to be paid into court and held to the child’s credit until he reaches 18.
The accident happened on 21 July 2014, when the child was seven and playing with a friend on a public road near his family home. The judgment says the claim alleged that a drain cover had been left open and then fell shut on his left hand. He suffered a severe crush injury, and surgery under general anaesthetic shortened his middle finger at the fracture. The consultant plastic surgeon described a permanent cosmetic deformity and mild functional loss; the child had recovered full movement and sensation in the remaining stump.
The judge said there was a real likelihood the claim would fail at trial. The allegations included negligent installation of non-lockable covers, a dangerous design and inadequate inspections. The judgment records engineering evidence for the council that the cover was properly constructed and in good condition, and that locks had not been standard practice when it was installed about 30 years earlier. The judge also identified an issue of contributory negligence. These were assessments of litigation risk in deciding whether to approve a settlement; the court did not hold a trial or make a final finding on liability.
The court assessed the claim’s highest notional damages value at €40,000, before costs, if liability and causation were established. It considered the €30,000 settlement fair and reasonable in light of the risks, subject to changing the proposed division between damages and costs. The judge said the case should have been brought in the Circuit Court and assessed the reasonable costs payable from the settlement, rather than allowing the proposed €13,000 costs allocation.
Because the plaintiff was a minor, the settlement required court approval. The approved amount is final and binding on the child, according to the judgment.