Posted: October 15th, 2017
A boy (13) has been awarded €25,000 in injury compensation for a Tayto Park fall following High Court Approval for a proposed settlement.
Conor Bolger, who was just eight years old at the time of the fall from a playground tower, of Briarfield Road, Kilbarrack, took the legal action against Ashbourne Visitor Centre Ltd, Co Meath trading as Tayto Park, through his father Brian Bolger. Due the the injuries he was inflicted with in the fall on March 25 2012, Conor had to undergo a clinical operation to place pins in his lower arm after he fractured his elbow
Mr Bolger’s legal team argued that the playground tower which Conor fell from, one of the main attractions in the park at the time, was overcrowded. They also alleged that the ground around the base of the tower did not have the correct amount of protective wood mulch to prevent injury. This, they said, was due to the absence of constant inspections and safety checks in the area by staff members at Tayto Park. If these had these measures been in place, it was argued, the boy may not have been injured or would have suffered less severe injuries.
Tayto Park (Ashbourne Visitor Centre) through their legal representation David McGrath SC denied these claims and argued that Conor Bolger “just fell” when he was climbing the playground tower, rather than there being any issues with the safety of the tower. The Court was told that the Bolger family were happy to agree to a playground injury compensation settlement of €25,000.
High Court Justice Kevin Cross approved the Tayto Park Fall playground compensation settlement, He said that Conor’s scar, following the medical operation, was not “too upsetting” and also acknowledged that he (Conor) would have had his enjoyment of basketball hampered due to the injuries he suffered.