A man, now aged 20, who was paralysed from the waist down after falling off a small child’s playground swing in a Bettystown. The judge, referring to the incident as a ‘silly act’ has approved a €975,000 personal injury settlement in relation to the accident.
Liam Daly (20) sustained suffered thea serious spine injury on July 24, 2013. when he fell and landed heavily on his back. Liam fell from the playground swing, designed for toddlers and young children, in the caravan park in Bettystown where the family’s mobile home was located.
John Daly, father of Liam Daly, Nephin Road, Dublin 7, took the compensation claim for the playground accident against Lynch’s Caravan Park, Bettystown.
Bruce Antoniotti SC, legal counsel for Mr Daly, told the court that the Daly family had been holidaying at the caravan park for 10 years with no incident prior to the accident occurring. It was claimed that the cradle seat of the swing rotated to the most extreme arc position and Liam was thrown in the air. Mr Antoiniotti stated that there was not enough done to prevent teenagers form using the swings. The Lynch’s denied these claims as and did not argued that there was contributory negligence as the plaintiff got on a swing which was designed for younger and smaller children.
He sat on the cradle of the swing in question but, as he swung, he fell back and sustained a very serious spinal injury. Counsel for Mr Daly said that the protective cover on the ground was not ‘state of the art’ but accepted that this was irrelevant as it would not have restricted the injuries suffered by him.
He (Liam) is now wheelchair bound. Despite his injuries Mr Daly has learned to drive a car and is looking for job.
In approving the playground accident compensation settlement Mr Justice Cross Mr Daly was just aged 15 at the time of the accident and the injuries he suffered were the result of a ‘silly act’.