herald

Thursday 14 December 2017

Boy (7) gets €35k after trampoline leg-break

A seven-year-old schoolboy, whose right leg was broken while he was bouncing on a trampoline at his home, has been awarded €35,000 damages in the Circuit Civil Court against Smyths Toys.

Barrister Ivan Daly told the court that in July 2012, Kevin Stokes had been playing on the trampoline bought at Smyths Toys, Fonthill, Clondalkin, Dublin, when his leg went into a gap between the base and the frame.

He had been taken to the emergency department of Our Lady's Children's Hospital in Crumlin where X-rays revealed a fracture to his tibia and fibula.

cast

Mr Daly told Circuit Court President Mr Justice Raymond Groarke that Kevin's leg was placed in a back-slab cast. The fractures had been manipulated a few days later and his leg was placed in an above the knee cast.

Counsel said Kevin's cast was removed a month later and further X-rays showed the fracture had fully healed. The boy, who was five at the time, had needed to use a walking frame for several weeks.

Kevin, of Esker Drive, Lucan, Co Dublin, had felt pain in his leg for several months after the accident and he had been unable to play with his friends. Through his mother Margaret Stokes, he sued Smyths Toys for negligence.

A forensic engineer examined the trampoline and was of the opinion that the method used for securing the safety pad was inadequate.

The judge, hearing that Kevin had made a good recovery, approved the offer of €35,000.

hnews@herald.ie

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