A five-year-old boy has been awarded psychiatric injury compensation of €20,000 after he witnessed his mother being seriously injured and covered in blood after she walked into a pane of glass when he was just 15-months-old.
Legal Counsel for the boy, Jude Johnson-Rice told the Circuit Civil Court that in December 2014 the boy was at Terenure College Rugby Football Club with his mother, Jill, when he saw his mother’s injuries after she mistakenly walked into a clear glass pane that did not have adequate indications or warnings.
Despite not witnessing the accident or the glass shattering, Jude had been extremely distressed by seeing his mother covered in blood following the accident. The defendants, Panda Play Café Limited and Terenure College Rugby Football Club, had already agreed a personal injury compensation settlement with the Jude’s claim and had offered a compensation settlement of €20,000 to the five-year-old boy.
Legal Counsel for the rugby club had made a full defence in which it had claimed that the child had not sustained any recognised psychiatric injury. In addition to this they argued that the mother had waited for two years after the incident to take the child in question for medical treatment despite claiming that her son had remained very nervous and anxious for six months after the incident.
Following some correspondence between both legal teams, the family solicitor John Murphy told them after they denied liability that they could incur further serious costs arising out of inspections and the provision of cctv footage. Following a settlement meeting an offer of had been made.
Judge Garavan, who said that while there was no recognised psychiatric illness diagnosed, nonetheless there were many cases that came before the court that did not measure up to post traumatic stress disorder. He approved the offer.