INJURY CLAIMANTS SWING AND MISS...
TWO women have lost their separate High Court damages claims over minor ankle injuries suffered as each got out of a ‘bird’s nest’ swing in a children’s playground on two different occasions.
Mr Justice Michael Twomey found there was no negligence or breach of duty by Tipperary County Council.
The accidents were caused by two adults deciding to use equipment not designed for adult use and “common sense” would tell any adult they should not use a swing designed for use by children, he said.
He voiced concern about t he “chilling” effect of such litigation, even when unsuccessful, on provision of play facilities for children and the freedoms of all citizens.
In a judgment published this week, he dismissed the separate cases by Sarah Kennedy, of Ballyknockane, Clogheen, Cahir, Co Tipperary, and Susan O’Mahoney, of Ballyvera, Goatenbridge, Ardfinnan, Clonmel, Co Tipperary.
Both women sued over ankle injuries sustained, on different occasions, as they got out of a ‘bird’s nest’ basket swing in a community playground in
Newcastle, Co Tipperary, built after members of the local community raised funds for it.
Ms O’Mahoney’s injury occurred on March h 30,
2016 as she was exitxiting the swing which ch she had got onto o with a child whom she was then minding, aged two years and 10 months.
Ankle
She caught her r right ankle on the he underside of the swing ing and suffered an ankle fracture.
Ms Kennedy’s injury ry occurred on July 13, 2016 as she was exiting the swing after getting onto it with her cousin, a boy aged 16 months.
She had the child in her arms as she got off and caught her right ankle in the underside of the swing, also fracturing her a ankle.
Both women w knew each other as acquaintances and their cases against the c ouncil were he heard together because th ey involved similar c claims.
The judge said c common sense s suggests an adult s should not use a ch child’s swing. A notice at the playgrou ground made clear the playgr playground, which must mean the th equipment in it, was “for the use of children”, which implied that it was not for use by adults.