€60,000 for boy who broke teeth playing on cruise ship

Boy (11) landed face first on hard floor during dodgeball game on 10-day trip

Thu, Nov 10, 2016, Irish Times

An 11-year-old boy, who suffered two broken front teeth while playing dodgeball on a cruise ship, has been awarded €60,000 damages at the Circuit Civil Court.

Barrister Deidre Byrne told the court that Charles Parsons was in January 2014 on a 10-day cruise holiday to Port of Civitavecchia, Rome, on the Norwegian Jade ship, when the incident happened.

The court heard he had been playing the ball game, under staff supervision, in the Kids Zone of the ship. He had been told to throw himself on a large rolling ball, belly first.

Boy, who was nine at the time, bounced off the ball and landed on the hard floor, on his face.

Circuit Court President Mr Justice Raymond Groarke heard that boy had been bleeding and extremely upset, and was examined by the ship doctor.

He suffered two broken teeth which have had to be restored. Mother said ongoing issues with boy’ s teeth could not be dealt with permanently until he is 16-years-old. His teeth had needed to be restored several times since the incident.

Promising rugby player

The court heard the boy was a promising young rugby player who was playing with his school at the top level at the time. Following the incident, he had to play in the school’s lower division team during practice sessions only and he now needs to wear a dental guard.

The boy was initially conscious of his broken teeth but was now able to better deal with the issue.

Through his mother, the boy sued holiday package provider NCL (Bahamas) Limited, with an address in London.

He claimed he had not been supervised properly by the defendant which had failed to ensure the game was played on protective matting. He also alleged the staff running the Kids Zone had not been professionally trained in childcare or certified in First Aid.

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The barrister told the court that liability had been admitted in the case and the defendant had made a €54,000 damages offer, which included €26,000 for boy’ future dental treatments.

Judge Groarke said he feared the offer was not enough as boy would need considerable treatment over the next five years. The judge said he would be more confident if the offer reached the maximum €60,000 award of the Circuit Civil Court jurisdiction.

Following a brief adjournment,  “a few calls were made in London” and the defendant had agreed to increase the offer.

Judge Groarke complimented the parties and approved a €60,000 settlement offer, the maximum the court can award.

http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/60-000-for-boy-who-broke-teeth-playing-on-cruise-ship-1.2862874