Man who lost finger retrieving football awarded €145,000

Judge finds GAA club in Meath failed in duty of care to keep netting in proper condition

Thu, Jan 19, 2017, Irish Times

The judge said the plaintiff suffered a “catastrophic degloving injury”

A young man whose right middle finger was mostly amputated while retrieving a football stuck in netting has been awarded €145,000 by the High Court.

He was awarded the damages by Mr Justice Anthony Barr against GAA club.

The judge said the man suffered a “catastrophic degloving injury” – an injury involving the skin being torn off – to the middle finger of his right hand while retrieving a ball stuck in netting.

The incident occurred towards the end of a five-a-side game when he took a shot at goal but missed.

The ball ricocheted off a player and became lodged between the top of the surrounding fence and net to stop the ball above the fence.

The mad had been “whooshed” up the face of the fencing by other players in trying to get at the ball and released the ball after stretching up with his right hand, the judge said.

Club denied liability.

While descending, the ring on his right middle finger got caught in vertical steel bars which formed part of the fencing and projected upwards from the top of the fencing. The weight of his body descending towards the ground caused the amputation of the finger, the judge said.

The club denied liability and pleaded contributory negligence, alleging he failed to heed warning notices on fencing prohibiting players wearing rings or jewellery when playing on the pitch.

The man argued there were no such notices at the time of the incident on August 5th, 2014, and the judge accepted his evidence.

The judge found the club failed in its duty of care as an occupier of the property to maintain the ball-stop netting in a safe and proper condition and in particular failed to ensure the netting did not become slack over time.

The man claimed he had suffered post-traumatic stress disorder and pain since the incident and had a 16 per cent loss of function in his right and dominant hand.

The judge said the mad had hoped to be selected for the Meath senior Gaelic football team at the time of the accident and it would appear he had a realistic chance at the time of making the team.

‘Considerable loss’

The damages must take account of the fact, as a result of the accident, he has been deprived of the ability to participate in sports at the level he had been prior to the accident which was “a considerable loss” to the man

The judge assessed general damages for pain and suffering to date at €65,000, plus future general damages of €60,000 and €20,00 for loss of opportunity.

He was a very keen and accomplished sportsman prior to the accident, playing soccer, Gaelic football, hurling and badminton, the judge said.

Since the incident, he told the court he was unable to grip either a hurl or racket and, due to the pain in the finger when it is struck, has been unable to return to Gaelic football.

He has resumed playing soccer but at a recreational level and has also taken up running since the incident.

http://www.irishtimes.com/news/crime-and-law/courts/high-court/man-who-lost-finger-retrieving-football-awarded-145-000-1.2943790