A boy who when he was six years of age hurt his chest when his bicycle allegedly hit an open manhole has settled his High Court action for €11,500.
James Delaney was riding his bicycle in Galway city when the front wheel allegedly hit an uncovered manhole.
His counsel Collette Hannon BL instructed by Kieran O’Brien solicitor told the court it was “fairly dark” on February 19th, 2018 when the accident happened.
She said there were serious liability issues involved in the case and Galway City Council had filed a full defence in the matter.
James Delaney now aged nine years of Carrowbrowne Halting Site, Headford Road, Galway had through his father James Delaney sued Galway City Council over the accident at the halting site, on February 19th, 2018.
The boy suffered a chest wall injury and was for about nine weeks following the accident, his father stated in an affidavit to the court complaining of pain almost daily and he also had difficulty breathing.
It is claimed the front wheel of the boy’s bike hit the large crevice which was the uncovered manhole of a fire hydrant on the footpath, and he fell from the bike.
Alleged failure
There was it was claimed an alleged failure to maintain a safe and suitable halting site and an alleged failure to ensure the roadways and footpaths were such that the site occupants particularly the boy were safe.
It was further alleged thee was an alleged failure to maintain the manhole cover and fire hydrant and a failure to ensure it was in good working order.
It was also claimed there was an alleged failure to highlight or cordon off the particular hazard until such time as the appropriate repair works could be carried out.
The claims were denied and the Council contended if the manhole cover was missing as alleged it maintained the removal of the cover probably occurred by the alleged unlawful acts of unknown third parties.
Approving the settlement Mr Justice Garrett Simons said the amount offered was better than it would be likely to achieve if the action went to trial.
