Boy who fell from third-floor balcony settles High Court action for €750,000

The boy was playing when, it is claimed, he climbed a cut-out feature on the balcony to look at children playing in the playground below and fell onto concrete flagstones below. 

 

He suffered a brain injury along with paralysis of left arm and has also been left with a weak leg. 

 

The settlement was made on the basis it was acknowledged liability was at issue in the case. 

 

Counsel for the boy Ronnie Robbins SC said it was an extremely tragic case. The boy had been living with his mother at the time. 

 

Through his father, the boy sued Dublin City Council over the accident on April 29th 2010. 

 

It was claimed it was a term of the tenancy the premises and in particular the balcony was safe, in particular for children, and was constructed or modified so children could not easily climb it. 

The claims were denied. The council contended the circumstances around the alleged accident were not foreseeable and the premises was suitable in the circumstances for the housing of the boy and his family. It was further claimed there was failure on part of those charged with supervision of the boy to ensure he did not climb onto the edge of the balcony and fall off. 

 

Counsel said the boy, now aged 12, is a happy fellow who likes to talk about football. 

 

As part of the settlement it is agreed the boy and his father can remain in their council accommodation. 

 

Approving the settlement, Mr Justice Kevin Cross said what happened the boy was sad and tragic and he wished them well for the future.