A judge has approved a settlement of €75,000 for a young girl who is left with a scar after an accident in a creche, after rejecting the initial settlement.
In April 2012, Madison Davis (five-years-old at the time of the accident) was attending The Little Children’s Creche in Tallaght when she went to place a cup on a table. While walking towards the table, Madison tripped and fell, hitting her head off of the corner of the table. As a result, she sustained a deep laceration to the flesh just above her eyebrow.
Madison was immediately transported to the National Children’s Hospital by creche staff. The laceration was closed with steri-strips. The young girl was placed under anaesthetic the next day so real stitches could be used. As a result of the stitches, Madison was left with a 2.5 centimetre scar on her forehead, while she will have for the rest of her life, in spite of any cosmetic surgery that she undergoes in the future.
On behalf of her daughter, Jennifer Quinn made a claim for compensation for a head injury in a creche, claiming that she had been left to carry the cup and traverse the floor without adequate supervision from the creche staff. She alleged that Fettercairn Community Childcare Ltd-trading as The Little Children’s Creche-had been negligent in ensuring her daughter’s safety.
The owners of the childcare facility admitted that they had been liable for Madison’s accident, and offered a settlement of compensation of €50,000. Madison’s mother agreed to this sum, but as Madison was a minor at the time of the accident, the sum needed to be approved by a judge on her behalf in court. Mr Justice Raymond Groarke at the Circuit Civil Court heard the case, and denied the sum, deeming it inadequate for the severity of the injury.
The judge stated that he believed the settlement should be increased by 50 percent, as the “nasty” scar will affect Madison for the rest of her life. The judge adjourned the hearing in order for the two parties could discuss a new, more suitable settlement for Madison. On his return, Judge Groarke heard that the parties had agreed on €75,000. The judge approved this amount, and closed the case.