A young girl has had the €125,000 settlement of her claim for an injury due to a faulty footpath approved at the High Court.
Nine-year-old Charlotte Clapperton (now 16 years of age) was riding her electric scooter on May31st 2007 when it hit an uneven section of the footpath on Tyrconnell Road in Inchicore, Dublin, and Charlotte fell from the scooter – severely injuring her left elbow.
The damage to her elbow meant that Charlotte had to undergo two operations, and she still has a 10cm scar on her forearm. Her elbow still troubles her, and Charlotte is unable to participate in her former pastimes of gymnastics and Irish dancing.
Charlotte made a claim for an injury due to a faulty footpath through her mother – Collette Clapperton of Bluebell in Dublin – on the basis that the footpath was in a poor state due to the roots of nearby trees pushing the flagstones up, and that the footpath was in such a condition to make it a safety hazard.
Dublin City Council – who had responsibility for the maintenance of the tress and the footpath – admitted liability for Charlotte´s injuries and a settlement of injury compensation for an injury due to a faulty footpath amounting to €125,000 was agreed.
However, before Charlotte´s injury claim could be completely resolved, the settlement first had to be approved by a judge as the claim had been brought on behalf of a minor. Consequently, at the High Court in Dublin, the circumstances of Charlotte´s accident and injury were retold to Ms Justice Mary Irvine.
Judge Irvine approved the settlement, after inspecting Charlotte´s injury and stating that it did not look as bad as she had anticipated. She told Charlotte that she hoped the injury was not going to affect her in the future.