A scout who ended up with fractured teeth after another scout who was throwing stones into the sea accidentally hit him in the mouth has settled a High Court action for €75,000.
Noah Laird was seven years old and gathering with other scouts to go on a trip when the accident happened at the estuary at Donabate, Dublin on September 18th, 2017, the High Court heard.
The boy’s counsel, Jonathan Kilfeather SC, told the court that another scout was throwing stones into the water and put his hand back to throw a stone and connected with Noah.
Counsel said the boy suffered a significant dental injury, with three fractured teeth, one fracture going into the root, and has, since the accident eight years ago, had complex dental work.
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Noah (15), of Donabate, Dublin had through his mother Susan Laird sued Scouting Services Ireland CLG, with registered offices at Larch Hill, Dublin, over the accident.
All of the claims were denied by Scouting Services Ireland CLG.
Counsel told the court that liability was problematic in the case.
It was claimed that while under the supervision, care, control and management of Scouting Services Ireland, Noah was caused to be struck on the face by a rock which was in the process of being thrown by a fellow scout.
In the proceedings it was alleged that there had been a failure to supervise the group of scouts adequately or at all and a failure to protect Noah.
It was also alleged that scouts had been allowed to throw stones and to engage in what was claimed to be dangerous behaviour, and that there was a failure to intervene in a timely fashion or at all.
It was also alleged that there was a failure to ensure there was an adequate number of staff present to ensure in so far as reasonably practicable Noah’s safety, health and welfare.
Approving the settlement, Mr Justice Paul Coffey noted the situation in relation to liability and said the incident was something that could have happened even under the watchful eye of careful parents. He said that if it went to trial there was a risk the case could be lost.
He wished Noah all the best for the future.
