Country gone mad, example #58

[Maguire01]

Smyths toy shop pays out after bike falls from shelf
Wednesday, 12 January 2011

A two-year-old girl who suffered post-traumatic stress after a bicycle crashed to the ground in front of her in a toy shop has received a €10,000 settlement.

Barrister David Staunton told the Circuit Civil Court yesterday that little Katie Campbell narrowly escaped physical injury when the bike fell directly in her path from a shelf 14ft above her head.

He said Katie, who is now almost six, had been with her father, John Campbell, of Foxbrook, Ratoath, Co Meath, in October, 2007, browsing in the Smyths Toys shop in the Airside Retail Park, Swords, Co Dublin, when the incident happened.

Mr Staunton told Circuit Court President Mr Justice Matthew Deery that the bicycle had not struck Katie but she had afterwards shown signs of anxiety and suffered nightmares.

He told the court that her GP had referred her to consultant child psychologist Mr Andrew Conway.

On the basis of symptoms including hypersensitivity to noise such as thunderstorms and fireworks, and an unwillingness to engage with other children, Mr Conway diagnosed her as having suffered a post-traumatic reaction of a moderate type.

Mr Campbell, a social worker, was unable to attend court with his daughter yesterday.

Mr Justice Deery approved a €10,000 settlement offer by Smyths Toys Ltd and costs.

http://www.belfasttelegraph.co.uk/news/local-national/republic-of-ireland/smyths-toy-shop-pays-out-after-bike-falls-from-shelf-15052226.html


Crazy stuff.

[RMDrive]

How is it crazy? Are you suggesting the wee girl was putting it on?

[Minder]

How is it crazy? Are you suggesting the wee girl was putting it on?

I would suggest she was, with copious coaching from her parents.

[sammymaguire]

How is it crazy? Are you suggesting the wee girl was putting it on?

I would say that 10k should help her get over her fear before she's 8 and she'll be on her bike riding away til her heart is content, even with noisy bin lorries around and maybe even the odd thunder storm before she reaches 16 

[gerry]

i guess it was more to do with due diligence, a bike up 14ft on a shelf should have being secure

[takeyourownpath]

could see into that if the bike had've hit her, money hungry parents..

[Maguire01]

How is it crazy? Are you suggesting the wee girl was putting it on?

Not at all. But whether or not the symptoms were caused by this incident is questionable. And it's hard to know how 10k makes it ok.

I just think it's typical of the litigious culture that has developed here.

[Maguire01]

i guess it was more to do with due diligence, a bike up 14ft on a shelf should have being secure

Agreed - there's probably an issue with negligence. So fine the business.

[Maguire01]

How is it crazy? Are you suggesting the wee girl was putting it on?

I would suggest she was, with copious coaching from her parents.

I doubt a child that age would be able to put it on to be honest. But I wonder if the psychologist got to see the child's reaction to fireworks or thunderstorms first-hand? Or how the child engaged with other children? Or was he relying on representations?

And again, if these symptoms were genuine, how you can attribute them to this incident. Such symptoms would be typical of many young children who managed to avoid falling bicycles.

[gerry]

i work in retail and we get a few claims a month with people chancing their arm and as long as the paperwork is right and you have taken precautions, they come to nothing

[Tony Baloney]

i work in retail and we get a few claims a month with people chancing their arm and as long as the paperwork is right and you have taken precautions, they come to nothing

People are tramps.

[gerry]

£8k the going rate for a slip/trip

[sammymaguire]

Very good. 'Looking out' indeed

[pintsofguinness]

Smyths toy shop pays out after bike falls from shelf
Wednesday, 12 January 2011

A two-year-old girl who suffered post-traumatic stress after a bicycle crashed to the ground in front of her in a toy shop has received a €10,000 settlement.

Barrister David Staunton told the Circuit Civil Court yesterday that little Katie Campbell narrowly escaped physical injury when the bike fell directly in her path from a shelf 14ft above her head.

He said Katie, who is now almost six, had been with her father, John Campbell, of Foxbrook, Ratoath, Co Meath, in October, 2007, browsing in the Smyths Toys shop in the Airside Retail Park, Swords, Co Dublin, when the incident happened.

Mr Staunton told Circuit Court President Mr Justice Matthew Deery that the bicycle had not struck Katie but she had afterwards shown signs of anxiety and suffered nightmares.

He told the court that her GP had referred her to consultant child psychologist Mr Andrew Conway.

On the basis of symptoms including hypersensitivity to noise such as thunderstorms and fireworks, and an unwillingness to engage with other children, Mr Conway diagnosed her as having suffered a post-traumatic reaction of a moderate type.

Mr Campbell, a social worker, was unable to attend court with his daughter yesterday.

Mr Justice Deery approved a €10,000 settlement offer by Smyths Toys Ltd and costs.

http://www.belfasttelegraph.co.uk/news/local-national/republic-of-ireland/smyths-toy-shop-pays-out-after-bike-falls-from-shelf-15052226.html


Crazy stuff.

That's a load of shite.
I agree a two year old couldn't be coached but I would question how a psychologist would get out of a two year old that they were having nightmares or suffering from anxiety.  He's taking the word of the parents. Lots of children that age are also afraid of thunderstorms and fire works! and many would also be reluctant to mix with other children!
I'd also question if a child that age would appreciate the danger of a bike falling that height.

[Maguire01]

I have a 3 year old daughter. I struggle to get her to eat her dinner, go to bed, be nice to her brother and to stop drawing on the walls. The idea that a little kid of that age could be "coached" into something could only be suggested by someone who doesn't have or know someone of that age.
And did they just open up the golden paged to the Dodgy Psychologist section and get someone to aid them in their schemes?
In the last few days, fathers all over Ireland have given their daughters an extra hug or made an extra effort to play with them cause they have realised how fleeting the whole thing can be sometimes. If my daughter wasn't herself and was having bad dreams, you can be sure I would try to do something about it. Would that be taking a company to court? Maybe not. But I respect a fathers right to look out for his daughter.

Indeed, all fathers should look out for their children. And we all appreciate the precious nature of family. But to be honest, putting in a claim doesn't necessarily equate to looking out for your family.