Last week, news broke about a three-year-old boy who fractured his arm at a Dundrum Montessori playground while allegedly unsupervised. The court heard that the boy, Ben Keating, sustained double fractures in his right forearm and wrist after a potential fall from a fence. Despite the distressing nature of the accident, the court approved a €15,000 settlement offered by the crèche along with Circuit Court costs.
Incidents like this one serve as a stark reminder of the risks children face, even under supposed professional supervision. While we all hope never to encounter such a situation involving our children, understanding your legal rights and the steps to take following an accident can make a world of difference.
This blog will explore the critical elements of child injury claims, including steps to take after an accident, legal processes, and how to ensure your child’s rights are protected.
Why Legal Support is Crucial in Child Injury Cases
When children are placed in the care of schools, crèches, or day-care facilities, these institutions hold a legal duty of care. This duty extends to ensuring that children are safe, well-supervised, and protected from preventable harm. However, accidents caused by unsafe environments or inadequate supervision continue to occur, as seen in the Dundrum case.
If your child suffers an injury due to negligence, pursuing a legal claim ensures two key objectives:
- Compensation for Recovery – Covering medical expenses, therapy, or long-term care.
- Accountability – Encouraging stricter safety measures to prevent similar incidents in the future.
While the legal process may feel daunting, experienced solicitors simplify the complexities, letting parents focus on their child’s healing and well-being.
Immediate Steps After an Accident
Acting swiftly following an accident is essential. Here’s what you should prioritise:
1. Seek Medical Attention
Regardless of the severity of the injury, ensure your child receives immediate medical care. Not only does this safeguard their health, but medical records also serve as crucial evidence in a legal claim.
2. Document the Incident
Take photographs of the injury and the environment where the accident occurred. Gather witness statements and ensure the incident is logged with the institution responsible (e.g., playground, school, or crèche).
3. Contact a Personal Injury Solicitor
Engage an experienced child injury solicitor who can guide you through the claims process while ensuring your child’s rights are fully protected.
Understanding the Legal Process for Child Injury Claims
Child personal injury claims differ from adult claims and involve specific regulations to safeguard the child’s interests.
Who Files the Claim?
Children under 18 cannot file claims themselves. A parent or guardian, referred to as the “next friend,” acts on their behalf. The next friend must act with the child’s best interests in mind throughout the claims process.
Approval by the Courts
Even if an agreement is reached with the responsible party, settlements involving children must gain court approval through an “infant ruling.” This ensures that the compensation fairly reflects the severity of the injury and its long-term impact.
Compensation Timeline
Child injury claims have an extended statute of limitations. Parents or guardians can file a claim until the child turns 18, with an additional two years allowed post-majority, up to the age of 20. However, acting promptly allows for stronger evidence collection and timely resolution.
Factors Influencing Compensation
The amount of compensation awarded in child injury claims depends on several considerations, including:
- Severity of the Injury – Visible or long-lasting injuries typically garner higher compensation.
- Impact on Quality of Life – Compensation increases if the injury affects mobility, education, or daily life.
- Medical Expenses – Current and anticipated costs for treatment or therapy are factored in.
For example, in the Dundrum case, despite Ben Keating recovering fully, the court approved a €15,000 settlement—higher than the typical range of €3,000-€10,000 for similar injuries, as per Irish injury guidelines.
Key Lessons from Crèche and Playground Injuries
The Dundrum Montessori case is not an isolated incident, and similar accidents have highlighted critical areas of concern:
- Supervision Failure – High staff-to-children ratios or inattentiveness often lead to accidents.
- Unsafe Environments – Poorly maintained playground equipment or unapproved facilities are common culprits.
To reduce the likelihood of these injuries, institutions must prioritise safety checks, staff training, and properly maintained premises.
How Solicitors Support Families
Personal injury solicitors offer more than legal representation—they’re allies in navigating an emotionally and legally challenging process. Services include:
- Evidence Collection – Identifying and gathering critical proof to demonstrate negligence.
- Determining Fair Compensation – Working alongside medical experts to ensure settlements cover medical care and long-term impact.
- Court Representation – Handling the court approval process seamlessly.
Specialists like HOMS Assist bring decades of experience to child injury cases, advocating for fair outcomes that prioritise children’s well-being.
Ensuring Your Child’s Rights are Protected
If your child has suffered an injury, remember that legal action is not just about seeking financial compensation. It’s about holding those responsible accountable, ensuring your child receives proper care, and preventing similar accidents for others.
At HOMS Assist, our compassionate, experienced team is here to provide tailored advice and expert guidance. From the initial evidence gathering to securing a fair settlement, we’re committed to protecting your child’s rights and providing peace of mind for your family.
Contact us today for a confidential consultation and the support you need. Together, we’ll ensure justice is served and your child’s future is safeguarded.
