We are pleased to confirm a significant outcome for our client following protracted litigation: an interim settlement of €3.3 million has been agreed, as part of a mediated resolution between the parties. The case will return to the High Court in six years for final resolution of future care needs.
Our client, now aged 12, suffered catastrophic and life-altering injuries following a fall at May Park, a Dublin City Council-owned playground. When he was two and a half, he slipped and fell on a poorly maintained all‑weather pitch where slush had accumulated, striking the left side of his head. The playground was not maintained to a safe standard and was effectively abandoned at the time of the incident.
Following the accident, the child was brought to a local GP, where there was a material delay in referring him for urgent hospital treatment. That delay contributed to a skull bleed requiring emergency neurosurgery later that day—life-saving surgery but too late to avoid irreversible brain damage.
He now requires 24-hour care, is essentially non‑verbal, suffers from epilepsy, and will be a wheelchair user for life. No independent living will be possible, and ongoing specialised care will be necessary throughout his lifetime.
Our Strategic Approach & Legal Principles
- We established liability against Dublin City Council for negligence in failing to ensure the park was maintained in a reasonably safe condition.
- Concurrently, the claim addressed medical negligence, attributing liability to the GP for failing to promptly refer the child for emergency care, exacerbating his injuries.
- The case involved complex causation and liability arguments, detailed review of expert evidence, and mediation to secure an early but robust interim settlement.
The interim award of €3.3 million will meet the child’s care costs until he reaches 18. A further award will be assessed when the case returns to court to provide for lifelong care needs.
The Impact & Significance of This Result
- From a human perspective: this award transforms the family’s future. While the child’s condition will never change, the financial certainty will provide for the care and support he will require throughout his life.
- From a legal perspective: this is a landmark achievement for our Litigation & Personal Injury team—reflecting strategic diligence, expert coordination, and unwavering client focus.
The resilience and resolve of the family throughout this journey have been inspirational. Their dedication anchored every stage of the litigation and negotiation.
Recognition & Acknowledgements
This outcome was delivered through exceptional teamwork and leadership. Our legal team led the matter with outstanding expertise, commitment, and tactical judgement—her guidance was instrumental in delivering this result. I extend my gratitude to each member of our litigation team whose collective effort made this possible.
This case underscores what Gibson & Associates can achieve—deep legal knowledge allied with strategic advocacy and client-centred service. It is a vivid illustration of the high‑calibre work we deliver every day.
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