Girl involved in alleged fall at takeaway settles High Court claim for €11,000

A 12-year-old girl who sustained a skull injury as a baby in an alleged fall in a takeaway restaurant has settled a High Court action for €11,000.

Aisling Crowley, now aged 12, was six months old when she fell from her mother’s arms and hit her head on the floor of Supermac’s in Tullamore, Co Offaly.

The settlement is without an admission of liability.

Aisling, of Clonaslee, Co Laois, through her mother Sarah Sherlock sued AVTD Ltd, with registered offices at William Street, Tullamore, Co Offaly, trading as Supermac’s, Tullamore.

Mr Justice Mícheál P O’Higgins was told liability was fully at issue and if it went to trial the girl may not win her case.

It was claimed that on December 6th, 2012, Aisling’s mother was caused to slip and fall to the ground as she walked to the counter at the Supermac’s premises. It was claimed the restaurant floor was wet and slippery and in a dangerous condition.

All of the claims were denied.

Ms Sherlock fell forward on to the ground and the baby fell from her arms, sustaining a skull injury. Her mother attempted to protect the baby from hitting the ground, it was claimed.

An X-ray in the hospital showed the baby had not sustained a bone injury but another X-ray later showed a skull fracture but no haemorrhage and the court heard the injury later cleared up.

Counsel for the girl told the court CCTV footage showed 64 people had walked on the same floor in the two hours before the alleged incident and others in the two hours after, and all without incident. Counsel said there was a cleaning system in place.

An action by the mother over the alleged fall had also been settled and could be struck out, the court heard.

Approving the €11,000 settlement, the judge said it appeared that the mother had an unfortunate slip on a wet day and the child had a potentially serious injury but according to the medical report, there was a short duration of symptoms.

Noting the liability issue, the judge approved the settlement.