A YOUNG man left paralysed from the waist down after falling from a playground swing designed for toddlers has been awarded €975,000.
Liam Daly, who was 15 at the time, has been left wheelchair bound after the accident in July 2013, reports the Irish Examiner.
The High Court heard how the accident occurred at a play area at a caravan park in Co. Meath, where the plaintiff’s family had a mobile home.
Daly, of Nephin Road, Off Navan Road, Dublin 7 had, through his father John Daly, sued David, Gerard, Kenneth and Michael Lynch, trading as Lynch’s Caravan park, Bettystown, Co. Meath.
Mr daly, now 20, claimed the cradle seat of the swing was caused to rotate at the maximum arc position and he was ejected backwards, landing heavily on his back.
It was also alleged there was a failure to prohibit teenagers using the swings, designed for toddlers and small children.
The claims were denied, and it was contended there was contributory negligence on the part of the then teenager, who it was claimed took it upon himself to get on a swing designed for younger children and unsuitable for him.
It was also alleged the boy was using the swing in an allegedly dangerous manner.
Liam’s counsel, Bruce Antoniotti SC, said the matting at the park was not state-of-the-art, but that because of the way the boy fell, it would not have made a difference if it was state-of-the-art or not.
Mr Antoniotti said it was an accident that occurred because the swing was not being used properly. Counsel said the swing was fine for a young child or toddler.
Approving the settlement, Mr Justice Kevin Cross said the consequences of Daly’s "silly act" were very serious for him and that in all the circumstances it was a good settlement.
