The High Court awarded €51,244.56 in damages to a minor who developed psychological injuries after a fire at his family home involving a Hotpoint dishwasher. Liability had been conceded; the trial concerned causation and the extent of the injuries.
Mr Justice Bernard J. Barton accepted evidence from two child and adolescent psychiatrists that the fire caused the plaintiff’s anxiety and obsessive compulsive disorder. The court found that his pre-existing intellectual and communication difficulties made him more vulnerable to the effects of the event and slowed his recovery.
The fire occurred in June 2010 while the plaintiff and his siblings were in bed. His mother told the court there was heavy smoke, that the children got out, and that their father went back inside before the fire was brought under control. The family lived elsewhere while their home was repaired, returning in spring 2011.
The plaintiff’s mother said his bedtime anxiety, nightmares and repeated checks of electrical appliances became apparent after the family returned. The court noted that these symptoms were not recorded during two GP visits in early 2011 and that he was not brought to the GP with those complaints until September. It treated the delayed onset as a significant issue in the dispute over causation.
Dr Leonia Gravante diagnosed obsessive compulsive disorder following the fire and provided therapy. By the time of a later assessment in May 2015, Dr Ann Dalton found that the disorder no longer met the diagnostic threshold. The plaintiff still had occasional nightmares and checking habits. Dr Dalton’s prognosis was satisfactory, though a recurrence could not be ruled out. The court accepted that the plaintiff had suffered a psychological reaction and injury, while noting that the symptoms had substantially improved with treatment.
The court assessed damages at €35,000 for pain and suffering to date and €15,000 for the future. It added €1,244.56 in agreed special damages, making a total award of €51,244.56.