herald

Wednesday 16 October 2019

Children sprayed with Tesco pump petrol and fumes awarded €74k

Samantha Ring took the case to court on behalf of her sons
Samantha Ring took the case to court on behalf of her sons

Two Dublin children, who were sprayed with petrol and fumes at a faulty fuel pump six years ago, have been awarded more than €74,000 damages against Tesco Ireland Limited.

Harvey Ring, now aged 11, and his brother, Zachary, now aged eight, were only four years and 21 months respectively, at the time of the incident.

Yesterday, barrister Hugh B Byrne told the Circuit Civil Court they had been with their mother at the Tesco Filling Station, Clarehall, Malahide Road, Malahide, as she attempted to put petrol in the family car.

Mr Byrne, who appeared with Kiera O'Reilly of Keans Solicitors, said that on March 27, 2012, Harvey had been splashed and sprayed with petrol from the faulty pump as he watched his mother, Samantha, pouring the fuel.

The boys sued Tesco Ireland Limited through their mother, of Ridgewood Avenue, Forest Road, Swords, Co Dublin.

Window

Ms Ring told Circuit Court President Mr Justice Raymond Groarke in a sworn statement that Zachary, who had been asleep in the back of her car, had also been doused with petrol through an open window.

The court heard that in 2014, Harvey had been offered a settlement of €10,000 and Zachary a figure of €8,500.

However, Keans Solicitors, of Upper Pembroke Street, Dublin, the legal representatives for the Ring family, had successfully brought an application to the court seeking the rejection of those offers.

Mr Byrne told Judge Groarke that Tesco Ireland, which has its registered office at Marine Road, Dun Laoghaire, Co Dublin, had now offered the two boys higher amounts.

Harvey has been offered a settlement of €48,775 and Zachary €25,300, and Mr Byrne said he was asking the court to accept the proposed settlements.

The court heard that the Tesco service station concerned had been aware for some time of a potential fault in the particular pump which Ms Ring had used.

However, it had not been closed off to the public.

In medical reports furnished to the court, it was stated that both children had suffered shock and subsequent anxiety symptoms following the accident and had attended a number of therapy treatments.

Judge Groarke said he considered the settlements to be good ones and appropriate in the circumstances.

He approved both payments to the boys.

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