Accidents involving children can be a parent’s worst nightmare, especially when they are caused by negligence in environments meant to be safe, such as homes, schools, or public spaces. A recent case highlights how vital it is to ensure negligence is addressed. A young boy, Kai Keane, tragically fell 18ft through a stair banister at his family’s rented apartment. He sustained severe injuries but eventually received a settlement of €260,000 from the responsible parties. This case shines a spotlight on the importance of understanding personal injury claims to protect children’s wellbeing.
This blog explores the essentials of personal injury claims in Ireland, focusing on protecting children and holding negligent parties accountable.
What Is a Personal Injury Claim?
A personal injury claim arises when harm or injury is caused by another party’s negligence. Compensation is sought to cover damages, such as medical expenses, loss of quality of life, and more. For parents, understanding this process is crucial when accidents affect their children. Children are especially vulnerable in such scenarios, and pursuing a claim can ensure accountability while easing the financial burden of recovery.
Examples of where claims might arise include:
- Accidents caused by unsafe housing conditions (such as faulty stairs, as seen in Kai Keane’s case).
- Public place injuries (e.g., playground equipment negligence).
- Road or traffic incidents involving a child.
If you’re facing a situation similar to these examples, legal support can help you assess and strengthen your claim. HOMS Assist provides free consultations to discuss your options.
Benefits of Taking Legal Action for Child Injuries
- Accountability and Safety Improvements
Filing a claim against negligent parties places pressure on them to improve safety standards. For example, Kai’s situation underlines how proper guard rail maintenance could have prevented an accident entirely. By pursuing claims, businesses, landlords or organisations become more cautious and adopt robust preventive measures.
- Financial Support for Recovery
Recovery can be costly. Between hospital visits, therapy, and lifestyle adjustments, medical and emotional rehabilitation may quickly strain a family’s finances. A compensation award can provide financial relief and help with recovery-focused solutions, ensuring your child gets the best care possible.
- Raising Awareness
These legal actions bring awareness to potential hazards or systemic gaps that others might overlook. They also empower families to advocate for broader reforms in safety policies.
Key Legal Highlights from the Keane Case
- Circumstances of Negligence
It was alleged that the boy’s injury resulted from faulty banisters in stair railings. Legal arguments suggested a failure in maintaining safe access for residents, especially families with children.
- Approval of the Settlement
Although no parties admitted liability, the court endorsed the settlement offer of €260,000 in the child’s best interests. Judge Paul Coffey remarked that the settlement was reasonable, highlighting the ability of the legal process to bring some resolution in challenging cases.
The lesson for parents? Document every detail meticulously and involve legal professionals early for the best outcomes.
How to Start a Personal Injury Claim
Should you find yourself in a similar distressing scenario as the one above, here is how to begin addressing the issue through a personal injury claim:
1. Confirm Negligence
You must confirm that the accident was caused by someone else’s failure to maintain proper safety standards. For instance, if there is broken playground equipment or slippery surfaces, photograph and document the issue.
2. Seek Medical Reports
Immediately consult a certified medical professional for your child’s injuries and request a thorough medical report. This record is critical for establishing damages during legal proceedings.
3. Connect with a Personal Injury Solicitor
Navigating legal jargon and processes can be daunting for families in distress. Experienced solicitors can handle essential steps, such as engaging with insurers, collecting evidence, and ensuring fair compensation estimates.
Tip: HOMS Assist provides trusted advice in personal injury cases, handling cases across Ireland for over 50 years.
4. Understand Timelines
Under Irish law, child-related claims follow specific rules. Typically, the two-year limit for claims starts once the child turns 18. However, initiating a claim earlier allows quicker access to funds needed for rehabilitation.
5. Attend Mediation or Court Hearings
While many cases settle outside court, as in the Keane case, some go through full trial procedures. Solicitors guide families through either route professionally and empathetically.
Your Child’s Safety Comes First
The Keane case is a glaring wake-up call about the importance of creating safer spaces for families and children. Parents must feel empowered to advocate for their children’s wellbeing in all spaces, whether at home, on school grounds, or in public amenities.
If your family has endured a safety lapse resulting in injury, don’t hesitate to take action. Reach out to legal experts for support and guidance tailored to your unique situation.
A Helping Hand When You Need It
At HOMS Assist, we understand how overwhelming personal injury cases can be, especially involving children. Our dedicated team of expert solicitors combine professionalism with compassion, ensuring every step of the legal process is as seamless as possible for families.
We are here to assist you. Contact us today for a consultation at no fee – together, we can work to ensure justice for your child and peace of mind for you.
