A boy who injured his arm climbing out of a construction site after retrieving a tennis ball has settled his High Court action for €80,000.
Vincent Doran was 13 when the accident happened after the ball went over a fence at a housing development site at Thorndale, Delgany, Co Wicklow on May 14, 2016.
He had retrieved the ball and threw it back to his friend, but attempted to exit the site over a mesh fence when the accident happened.
He slipped and fell, catching his right forearm in the fence. He suffered a laceration to the arm and had to be treated in hospital.
His counsel Gabriel Gavigan SC said he has been left with a nasty scar to his arm.
The schoolboy, now aged 16, with an address at Greystones in Co Wicklow, through his mother Lorraine Pender, sued Michael Browne trading as BBA Architecture, Edengate Centre, Delgany, Wicklow, and Kingscroft Developments Ltd with offices at Main Street, Clonee, Co Meath, who were responsible for a construction site.
It was claimed there was a failure to exercise any or any reasonable care towards persons, particularly children, who might attempt to climb the fence, when it was known or ought to have been known it was in an an allegedly dangerous condition.
It was further claimed the fence was allegedly unstable and dangerous, particularly to children who might attempt to climb it.
The claims were denied.
It was contended there was in place an adequate system for supervision, monitoring and safety of the use of the site. It was denied there was an a failure to adequately maintain the fence.
Mr Justice Kevin Cross approved the settlement.