Judge warns of risks in taking personal injury claims to court
A HIGH Court judge has said that the winds are blowing ‘somewhat cooler’ in personal injury cases, and that claims may be becoming harder for plaintiffs to win. Judge Kevin Cross acknowledged there were risks of pursuing a claim in any court, and that the outcomes of cases were becoming hard to predict.
Judge Cross, who is in charge of the personal injury list at the High Court, was speaking as he approved a settlement of €35,000 in compensation for a girl who broke her ankle jumping off a trampoline.
Shauna O’Gorman, of Shanliss Avenue, Santry, Dublin, was eight years old at the time of the accident, which occurred at Excel Gymnastics in Celbridge, Co. Kildare.
Her senior counsel, Sara Moorhead, said Shauna had gone there on June 12, 2015, as part of a school tour.
She said the event had involved a trampoline, and she acknowledged the girls including Shauna had already had one successful go on the trampoline, and alighted safely, before the accident happened. On Shauna’s second go, she jumped off onto a mat and broke her ankle, counsel said.
It was claimed that the gym had exposed Shauna to a risk of injury, by failing to ensure matting was properly in place. But in its defence, the gym said it had maintained the premises in a safe manner.
It said Shauna was the author of her own misfortune, as she had landed on the mats in an awkward manner, had failed to inform them that she had previously broken her foot, and had failed to follow the repeated instructions she was given about how to land on the mats.
Ms Moorhead admitted that there was a chance that, if the case went to a full hearing, the gym might not be found negligent, in which case Shauna would lose her case.
‘There is a huge issue in terms of liability,’ Ms Moorhead said.
‘Of benefit to me is there was an individual witness, a parent, who indicated that she felt the mats were not close enough to the trampoline. But other children had jumped onto them before.’ Ms Moorhead said Shauna had now recovered fully from her broken ankle.
But the court was told her ankle was placed in a cast after the accident, and Shauna had missed the first week of a family holiday to Turkey.
Shauna, who is now 13, had sued Gymnastics Ireland, which owns the gym, for damages through her father, Joseph O’Gorman.
Ms Moorhead said the case could carry a full value of €50,000, but she had recommended to Shauna’s family that the offer of €35,000 in compensation be accepted by them due to the risk that a judge could rule in favour of the defendant.
‘As I explained to my clients, you always have to have regard to the courts at the present time,’ she said.
Judge Cross agreed, adding: ‘There is a concern, because the wind is somewhat cooler than it maybe used to be. In any court there are certain risks.’
Addressing Shauna and her parents, he said: ‘I have to do what is in Shauna’s best interests. I think it is a good settlement.
‘There is a risk in this case that Shauna might not succeed.
‘These cases are not easy to predict.’
The money will be paid into court until Shauna reaches the age of 18.
The Courts Service Annual Report noted last week that the amount of compensation paid out at High Court level was falling.
The Court of Appeal has been working to set new guidelines for compensation levels, with High Court judges aware that their judgments will be subject to close scrutiny if appeals are brought.
Former High Court president Nicholas Kearns has also spoken about the need for reform in the lower courts.
And a number of cases have been thrown out at Circuit Court level in recent weeks, due to false or exaggerated claims.
Jumping off a trampoline Offer of €35k compensation