Posted: January 22nd, 2022
A High Court action taken by a young girl, who fell out of a small “Santa Train” as she was travelling to visit Santa’s Grotto, has been settled with the operator of the service for €192,000.
The accident took place when six-year old Freya Moore was a customer at the Santa Train excursion which included travelling from “Oakfield Park Station” to Santa’s Grotto on December 17, 2016,
It was claimed that the incident in question occurred when Freya dropped through a door gap that was only being shielded by a chain as the small train was navigating a corner at the Oakfield Park Co Donegal attraction during 2016.
in the case it was also alleged that, after she fell, Freya’s coat got stuck to the train and she was pulled along the ground over a short distance and her leg became stuck beneath the train before the alarm was sounded. In the incident, the court was told, Freya sustained a soft tissue injury to her. Due to the wounds she sustained in the accident she also required plastic surgery at a later date.
Now 11 years old, Freya took the child accident legal action via her father, Chris Moore, Breton Road, Lisburn, Co Antrim, against the registered operators of the Santa Train, Gerry Robinson, trading as Difflin Light Railways, operating at Oakfield Park, Raphoe, Co Donegal.
Allegations were submitted which included that the defendant acted negligently by not providing a safe premises and failing to see to it that the chain across the door was at a height that would prevent a child of her age from falling through.
The court was told that, after the accident, Freya now has a cut on her right lower leg and may need additional plastic surgery at some point in the future. Following the accident she remained stress in relation to accidents and falling from a car and became was anxious when the family attended fairgrounds.
The defendants did not admit liability in the legal action and mounted a full defence against the allegations that were submitted.
Micheál Ó’Scanaill SC, for Freya, informed Justice Michael Hanna that a settlement figure of €192,000 had been agreed between the parties. Justice Hanna approved the settlement with a payout of €2,000 for Freya and the rest of the award to be places in court until she reaches the age of 18.
The judge wished her the best of luck for the future.
Categories: Child injury News, Compensation News, Personal Injury
