A seven-year-old girl has been awarded €15,000 in compensation after being bitten by a horse at Bunratty Castle and Folk Park when she was just 18 months old. The case, heard at Ennis Circuit Court, highlights important considerations for both parents visiting public attractions and the legal processes surrounding child injury claims in Ireland.
The incident serves as a reminder of the unexpected risks that can arise during family outings, even at well-established tourist destinations. More significantly, it demonstrates how the Irish legal system protects children’s interests when they suffer injuries due to potential negligence.
This case offers valuable insights into personal injury law as it applies to minors, the assessment process for child injury claims, and the steps parents should take if their child is injured in a public space.
Background of the Incident
On August 25th, 2019, an 18-month-old girl was visiting Bunratty Folk Park in County Clare with her family when she suffered a serious injury. During their visit to the popular tourist attraction, a horse bit the toddler on her wrist and elbow on her left arm.
Judge Francis Comerford noted during the court proceedings that the situation could have been considerably worse without the quick intervention of the child’s father. This detail underscores both the severity of the potential danger and the importance of parental supervision during such incidents.
The folk park, known for its historical buildings and live animal displays, attracts thousands of visitors annually. The presence of animals in interactive settings creates educational opportunities but also presents inherent risks that venue operators must carefully manage.
Court Proceedings and Assessment
The case was presented before Judge Francis Comerford at Ennis Circuit Court. Barrister Maria Lane represented the child and her family, presenting comprehensive evidence to support the compensation claim.
The court considered detailed medical and psychiatric assessments prepared specifically for the case. Dr Eithne Foley, a consultant child and adolescent psychiatrist, conducted a thorough psychiatric evaluation of the child. The assessment was complemented by a comprehensive medical report that documented the physical injuries and recovery process.
According to the evidence presented, the child attended 12 play therapy sessions as part of her recovery process. The psychiatric assessment revealed encouraging findings—the girl was performing well both socially and academically, suggesting that any psychological impact from the incident had been successfully addressed through appropriate intervention.
Judge Comerford’s decision to award €15,000 in compensation took into account both the immediate physical injuries and the potential psychological impact on such a young child. The settlement represents a fair assessment of the harm caused while acknowledging the child’s successful recovery.
Legal Framework for Child Injury Claims in Ireland
Child injury claims operate under specific legal protections designed to safeguard minors’ interests. When a child under 18 is injured due to someone else’s negligence, their legal rights are subject to particular requirements that ensure proper representation and fair compensation.
The injured child must bring their claim through an adult, typically a parent or guardian, who serves as their ‘next friend.’ This person has a legal responsibility to act in the minor’s best interests throughout the entire process.
Unlike adult personal injury claims, which must be initiated within two years of the incident, children have until two years after their 18th birthday to make a claim. However, a parent or guardian can initiate proceedings on the child’s behalf at any time before the child reaches 18.
A crucial aspect of child injury settlements is that judicial approval is required before any offer can be accepted. The court application includes a barrister’s opinion on whether the proposed settlement is appropriate. The judge can accept or reject the offer based on whether they believe the injuries merit a higher award or if additional medical evidence is needed.
Once approved by the judge, the compensation money is held in court until the minor reaches 18. The child must then make a separate application to access their settlement funds.
Compensation Categories and Assessment
Personal injury compensation in Ireland typically covers two main categories: general damages and special damages.
General damages compensate for pain, suffering, and loss of quality of life. In child cases, this includes consideration of the psychological impact and any ongoing effects on the child’s development and wellbeing.
Special damages cover quantifiable expenses such as medical costs, therapy sessions, travel expenses for treatment, and any future care requirements. In this case, the 12 play therapy sessions would likely have been considered under special damages.
The assessment process for child claims requires particular sensitivity. Medical professionals must evaluate not only immediate injuries but also potential long-term effects on a developing child. Psychological assessments become especially important when young children are involved, as trauma can manifest differently in early childhood development.
Implications and Lessons for Public Safety
This case raises important considerations for operators of public attractions, particularly those featuring live animals. Venues must maintain appropriate safety measures, including adequate barriers, clear signage, and sufficient supervision to prevent visitor injuries.
For parents, the incident highlights the need for constant vigilance when visiting attractions with animals, even in seemingly controlled environments. Children’s natural curiosity and lack of awareness about animal behaviour can create dangerous situations very quickly.
The successful resolution of this case also demonstrates the importance of seeking appropriate medical and psychological support following any significant incident involving a young child. The combination of proper medical treatment and play therapy appears to have contributed to this child’s excellent recovery.
Documentation becomes crucial following any incident. Parents should ensure they report accidents immediately to venue management, seek appropriate medical attention, and maintain records of all treatments and expenses.
When to Seek Legal Advice
Parents should consider consulting a personal injury solicitor if their child has been injured due to someone else’s negligence. Common scenarios include accidents in public places, school incidents, medical negligence, product liability issues, and playground accidents.
The legal process can seem daunting, but specialised solicitors understand the unique requirements of child injury claims. They can guide families through the Personal Injuries Resolution Board (PIRB) process and, if necessary, court proceedings.
Early legal consultation is advisable because gathering evidence becomes more difficult as time passes. Witness statements, CCTV footage, and incident reports are more readily available immediately following an accident.
Moving Forward: Protection and Recovery
The positive outcome in this Bunratty Castle case demonstrates that the Irish legal system can effectively protect children’s interests while ensuring fair compensation for injuries caused by negligence. The child’s successful recovery, evidenced by her strong social and academic performance, shows that with appropriate support, children can overcome traumatic incidents.
This case serves as a precedent for similar situations and reinforces the importance of proper safety measures at public attractions. It also highlights how comprehensive assessment and appropriate therapeutic intervention can facilitate complete recovery from both physical and psychological trauma.
For families facing similar situations, this case provides reassurance that the legal system recognises the unique needs of child injury claims and provides appropriate protections and remedies.
If your child has been injured due to someone else’s negligence, don’t navigate this challenging process alone. HOMS Assist has over fifty years of experience handling child personal injury claims and understands the sensitive nature of these cases. Our experienced team can guide you through every step of the process, from initial assessment to final settlement. Contact HOMS Assist today at 1800 207 207 or visit our offices in Dublin, Limerick, or Cork to discuss your case with compassionate legal professionals who prioritise your child’s best interests.
