Woman who fell off swing plans to appeal
She sought €60k after accident in playground
A WOMAN who this week lost her bid for damages after falling off a swing has said she plans to appeal.
Susan O’Mahoney said she had not left her house since the judgment was published this week, and that she was ‘terrified of the backlash’.
Ms O’Mahoney and a second woman, Sarah Kennedy, had both sued Tipperary County Council after fracturing their ankles on a basket or bird’s nest-style swing designed for children under the age of 12. The women said they had been accompanying children in 2016, and that the swing was too low to be safe. However, Judge Michael Twomey said they should have used their common sense.
He also hit out at the potential ‘chilling effect’ of such cases, which he said could cause public authorities to stop providing playgrounds for children.
He said that even if such cases were lost, the defendants could end up having to cover substantial legal costs.
Ms O’Mahoney, of Clonmel, Co. Tipperary, told Joe Duffy’s Liveline on RTÉ Radio 1: ‘We only set out to prevent further injury.’
Explaining her reason for using the swing, she said: ‘Because he [the two-year-old child she was minding] was so young, he could make a sudden movement, and because the swing is so wide you could do yourself a back injury reaching over to get him in time. So the easiest thing, and I’ve seen it done and I still see it done, is parents sit on the swing... It happens in every playground.’
She continued: ‘I did it solely to mind the child and to hold the child while he was on the swing.’
She said the accident happened as she tried to get off the swing, and her leg was dragged beneath the swing, breaking her ankle.
She said several people had told her of similar accidents afterwards. She was out of work for two and a half months.
Before taking legal action, she said, she had contacted the council but had received no response.
She said an engineer had told her the swing was hanging one foot lower than it should and that someone could get seriously hurt.
The Personal Injuries Assessment Board had ruled that she should be awarded €22,000, but that she should pay her legal fees out of that. Ms O’Mahoney said she accepted that ruling, but Tipperary County Council turned it down, on the basis that it was not liable for the accident.
Both Ms O’Mahoney and Ms Kennedy, of Cahir, Co. Tipperary, sought compensation at High Court level, valuing their claims at more than €60,000. Ms O’Mahoney said it was her barrister’s decision to go to the High Court.
In his ruling at the court, Judge Twomey 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.”’
‘There was a sign on the fence’