When parents entrust their children to a creche, they expect a safe environment where their little ones can learn and grow. Unfortunately, accidents can happen, and when they occur as a result of negligence, the consequences can be distressing for both the child and their family.
This was evident in a recent case where a six-year-old boy was awarded a €30,000 settlement following a severe hand injury at a Dublin creche. The incident serves as a stark reminder of the importance of accountability and the role of legal action in ensuring a child’s wellbeing is prioritised.
If you’re a parent navigating the aftermath of an accident involving your child, understanding your legal rights and the steps involved in making a child injury claim can provide clarity and direction.
The Case at a Glance
What Happened?
The incident occurred when Ben Carmody, then 2½ years old, was injured at a creche in Dublin. His finger got crushed in a lift door, causing him significant pain and distress. The injury required surgery under general anaesthetic, and he later suffered psychological impacts, including anxiety and a fear of blood, for which he underwent therapy.
Through his mother, Ben sued the creche for negligence. The court approved the €30,000 settlement as fair and reasonable, holding the creche accountable for failing to ensure the safety of children in their care.
This case highlights the responsibility of childcare providers and the importance of seeking justice when negligence results in harm.
Understanding Child Injury Claims in Ireland
If an accident caused by negligence has left your child injured, you may be entitled to pursue a personal injury claim on their behalf. Here’s an overview of how the process works and what you need to know as a parent.
What Is a Child Injury Claim?
A child injury claim is a legal process filed on behalf of a minor (anyone under 18) who has suffered harm due to someone else’s negligence. Since children legally cannot represent themselves, a parent or guardian steps into a role known as the “next friend” to pursue the claim.
Crucially, any settlement or compensation awarded must be approved by a judge to ensure it reflects the child’s best interests.
Common Scenarios Leading to Child Injury Claims
Accidents involving children occur in various situations, including but not limited to:
- Day-care and creche accidents: Negligence, such as inadequate supervision or faulty equipment, can cause injuries.
- School grounds incidents: Slip-and-fall cases, playground equipment accidents, or bullying resulting from poor oversight.
- Road accidents involving children as passengers or pedestrians.
- Defective toys or unsafe products causing injuries at home or in public spaces.
- Medical negligence, such as errors during childbirth or inadequate aftercare.
Steps to Take After Your Child Is Injured
If your child has suffered an injury, it’s natural to feel overwhelmed. However, taking prompt action can protect their wellbeing and strengthen a potential claim.
1. Prioritise Medical Care
Ensure your child receives appropriate medical attention, even if the injury appears minor. Medical reports and documentation will be crucial evidence if you pursue a claim later.
2. Notify Relevant Parties
Inform the institution or organisation where the accident occurred and request that they log the incident in their accident report system.
3. Document the Incident
Collect evidence wherever possible. Take photographs of the injury and the scene where it occurred. If there are witnesses, try to record their statements and contact information.
4. Contact a Specialist Solicitor
Engaging an experienced personal injury solicitor early is vital. They can guide you through Ireland’s legal framework, ensuring you make the best decisions for your child.
5. File Your Claim
Most claims are initially submitted to the Personal Injuries Resolution Board (PIRB) for an impartial assessment. Where negligence is established, a settlement offer may be proposed.
6. Court Approval
If a settlement is agreed upon, it must be formally approved by a judge in what’s known as an “infant ruling.” This safeguard ensures that the compensation meets the child’s current and future needs.
What Compensation Covers
Compensation for child injury claims accounts for several factors, including the severity of the injury, its emotional and physical impact, and any future implications. Awards generally cover the following areas:
- Medical expenses incurred.
- Anticipated future care and treatment costs.
- Pain and suffering endured by the child.
- Educational or social setbacks stemming from the injury.
For example, in Ben’s case, the €30,000 settlement not only addressed the immediate physical injury but also supported his psychological recovery, including therapy costs.
Why Legal Expertise Matters
Navigating a child injury claim can feel daunting for parents. Legal representation ensures that every aspect of the process—from gathering evidence to negotiating settlements—is handled professionally and efficiently.
Solicitors with experience in child injury claims can advocate for your child’s rights, ensure any settlement is fair, and minimise stress for your family during what can be a challenging time.
Seeking Justice and Closure
Child accidents like Ben’s case highlight the critical need for accountability in environments where safety should be paramount. Pursuing legal action not only ensures your child receives the support they need but also holds organisations to higher standards, preventing similar incidents from happening to others.
If you believe your child’s injury was caused by negligence, reaching out to an experienced solicitor can provide clarity and peace of mind. At HOMS Assist, we specialise in handling child injury claims with professionalism and empathy.
Contact Us Today
Our team is here to guide you through every step of the claims process, ensuring that your child’s best interests are prioritised. Visit our resource guide on child accidents for detailed insights, or contact us directly for expert advice.
