Judge rejects €60k claims by women hurt on swing
A JUDGE has said that two women who sued after injuring their ankles on swings in children’s playgrounds should have used their common sense.
And he hit out at the potential ‘chilling effect’ of such cases, which he said could cause public authorities to stop providing playgrounds, adventure centres or creches for children.
Judge Michael Twomey said the courts had noted that over the past 13 years, more and more cases were being taken against targets perceived to have ‘deep pockets’ for compensation payouts. He said that even if such cases were lost, the defendants could end up having to cover substantial legal costs if the plaintiffs did not have the resources to pay.
In a judgment published this week, Judge Twomey dismissed the cases brought by Sarah Kennedy, of Ballyknockane, Clogheen, Cahir, Co. Tipperary, and Susan O’Mahoney, of Ballyvera, Goatenbridge, Ardfinnan, Clonmel, Co. Tipperary.
They had sued Tipperary County Council for accidents suffered on separate occasions at the playground in Newcastle, Co. Tipperary. The judge said: ‘It is relevant to note that there was a sign on the fence of the playground which provides that: “This playground is for the use of all children 12 years and under.”’
He said the swing was a basket or bird’s nest swing, commonly found in modern playgrounds, which swings low to the ground.
It was circular, with a diameter of 1.25 metres, a rigid rim circumference and lattice rope or webbing in the centre of the circular basket, which operates as the swing’s sitting or lying area.
The accidents happened in March and July 2016, with both women saying they had gone on the swing with young children, believing that it was safer for the children that way.
Ms O’Mahoney was minding a two-year-old boy, and fractured her ankle while getting off. Ms Kennedy suffered an almost identical accident and injury after accompanying her 16-month-old cousin on the swing. Both plaintiffs sought compensation at the High Court level, valuing their claims at more than €60,000, on the grounds that the swing was set too low and created an entrapment risk.
‘In essence, therefore, the plaintiffs are claiming that the swing, which was designed for use by children under 12, was hung too low to the ground for use by them,’ the judge said.
Judge Twomey said there was a duty for individuals to take reasonable care for their own safety and concluded that there was no negligence on the part of the council. The judge dismissed both women’s claims.
Judge Twomey added that if the women had been entitled to any damages here, he would have assessed their claims at between €5,000 and €7,500, and not the €54,700 sought before out-ofpocket expenses were added.
‘Duty to take reasonable care’