A woman who sued over an injury sustained when she fell while descending an artificially created mound in a children’s playground has settled her High Court action.
Accountant Inga Mitchell (52), of Esker Manor, Lucan, Co Dublin, sued South Dublin County Council over the August 7th, 2017 incident at Griffeen Valley Park.
The court heard Ms Mitchell had gone to the top of the mound to help a neighbour’s child, who she was looking after, and slipped on the surface and fell on the way back down. The court heard Ms Mitchell broke her leg at the tibia and was in a cast for two months.
It was claimed that the defendant was negligent by requiring her to traverse an excessively steep and slippery area without appropriate grip. It was also claimed there was a failure to inspect and maintain the area where she slipped.
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The defendant denied the claims and said the playground had only been open for around four weeks before the incident. It had undergone rigorous assessment and was subjected to daily inspections by council staff, a once-a-week closer inspection and a quarterly expert risk assessment, the council said.
The case opened on Tuesday and was due to resume on Wednesday when Ms Justice Carmel Stewart was told it had been settled and could be struck out.
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