Boy awarded €5m after being struck by car

scdublin · 27-07-2016 10:56AM #1

Am I the only person who finds it surprising that there was such a large settlement in this case?

Also, people went crazy at the parents of the kid who got into that gorilla enclosure a while back or at the parents of the kid who was taken by the alligator in Florida - should more of the responsibility and "blame" lie on the adults who were meant to be watching him?

http://www.rte.ie/news/2016/0726/805008-mitchelstown-settlement/

godtabh · 27-07-2016 10:58AM

scdublin wrote: »

Am I the only person who finds it surprising that there was such a large settlement in this case?

Also, people went crazy at the parents of the kid who got into that gorilla enclosure a while back or at the parents of the kid who was taken by the alligator in Florida - should more of the responsibility and "blame" lie on the adults who were meant to be watching him?

http://www.rte.ie/news/2016/0726/805008-mitchelstown-settlement/

The parents were 40% to blame

27-07-2016 10:59AM

scdublin wrote: »

Am I the only person who finds it surprising that there was such a large settlement in this case?

Am I the only person who finds that the thrice weekly compensation thread often starts with "am I the only person surprised"?

This case has nothing whatsoever to do with a gorilla or an alligator. The Court determined that 60% liability rested with the driver.

27-07-2016 11:01AM

€5m seems like an understandable figure - this boy now has to live with a traumatic brain injury, which has destroyed his upcoming life, has left him permanently impaired and, likely, will need specialist treatment for the rest of his life.

frozenfrozen · 27-07-2016 11:01AM

It seems like a large amount of money, is the drivers insurance paying out 5 million or 60% of that?

1900 euro per week for the next 50 years, I'm sure the kid will get to ride a lot of horses for that money

HensVassal · 27-07-2016 11:04AM

frozenfrozen wrote: »

It seems like a large amount of money, is the drivers insurance paying out 5 million or 60% of that?

1900 euro per week for the next 50 years, I'm sure the kid will get to ride a lot of horses for that money

Hmm, in 40 years time 1900 euros will probably by you a burger and chips.

frozenfrozen · 27-07-2016 11:06AM

HensVassal wrote: »

Hmm, in 40 years time 1900 euros will probably by you a burger and chips.

he can eat the horses when he is done with them

27-07-2016 11:07AM

frozenfrozen wrote: »

1900 euro per week for the next 50 years, I'm sure the kid will get to ride a lot of horses for that money

That's a very dismissive reference to a brain injury that sees a boy needing "a lot of assistance" 8 years after the event.

Sure he can still ride horses. He has all he needs.

27-07-2016 11:09AM

The majority of the money will likely go on the special assistance that, realistically, he's going to need for the rest of his life.

frozenfrozen · 27-07-2016 11:09AM

Deleted User wrote: »

That's a very dismissive reference to a brain injury that sees a boy needing "a lot of assistance" 8 years after the event.

Sure he can still ride horses. He has all he needs.

I think you've completely misinterpreted what I wrote, go outside and get some fresh air.

it says in the article he likes riding horses. I was inferring that it seems like a lot of money but he won't be wanting for more.

jobless · 27-07-2016 11:10AM

Deleted User wrote: »

That's a very dismissive reference to a brain injury that sees a boy needing "a lot of assistance" 8 years after the event.

Sure he can still ride horses. He has all he needs.

id call it more a reference made by a complete asshole

scdublin · 27-07-2016 11:11AM

Deleted User wrote: »

scdublin wrote: »

Am I the only person who finds it surprising that there was such a large settlement in this case?

Am I the only person who finds that the thrice weekly compensation thread often starts with "am I the only person surprised"?

This case has nothing whatsoever to do with a gorilla or an alligator. The Court determined that 60% liability rested with the driver.

This is a discussion forum and I've connected the case with the gorilla and alligator incidents because they all involve a child being injured and inevitability garner the "who's at fault?" questions. The parents took a lot of blame for those incidents so I'm curious if people think these parents/guardians should have been looking after the child more carefully and therefore if the 60/40 liability breakdown is fair.

eviltwin · 27-07-2016 11:14AM

frozenfrozen wrote: »

I think you've completely misinterpreted what I wrote, go outside and get some fresh air.

it says in the article he likes riding horses. I was inferring that it seems like a lot of money but he won't be wanting for more.

I'm sure riding horses are the least of his concerns. A member of my family was awarded money after an accident. He never actually got cash in hand. The money was kept in a fund and used to pay for house modifications and health treatment. Maybe it's changed since then but the needs of this kid are going to require a lot of money and if part of that is a few excursions to go horse riding so be it.

27-07-2016 11:14AM

scdublin wrote: »

This is a discussion forum and I've connected the case with the gorilla and alligator incidents because they all involve a child being injured and inevitability garner the "who's at fault?" questions.

I don't think the allocation of blame was determined by a Court in those other cases.

We are comparing speculation based on media reports with a case where a Court has considered the issue and made a determination. Not that it's not above question, mind you.

Mr. Incognito · 27-07-2016 11:15AM

€5 million to care for a severly disabled boy for the entiritiy of his life is not a lot imo.

SEPT 23 1989 · 27-07-2016 11:16AM

No amount of money will get their son back its just one less worry for them

eviltwin · 27-07-2016 11:16AM

Deleted User wrote: »

I don't think the allocation of blame was determined by a Court in those other cases.

We are comparing speculation based on media reports with a case where a Court has considered the issue and made a determination. Not that it's not above question, mind you.

Conor we know you're a legal eagle but this is a discussion forum not a law lecture. People just want to discuss it without being patronized all the time.

Dr Turk Turkelton · 27-07-2016 11:18AM

Obviously I feel for the kid left with a permanent brain injury but how can the woman be seen as 60% in the wrong when all she was doing was driving and the kid ran out in front of her?
In my eyes she was 0% responsible,the kid should have been watched by adults.

duffman3833 · 27-07-2016 11:21AM

this case i think for once the amount awarded is actually fair because it completely changes the child's life. He will need a lot of care. As to who is at fault, hard one to call but im leaning towards the parents, even if the driver did spot the child there is no way a driver can be at fault as its impossible to react to different situations and different drivers have different reactions.
In my mind, based on the info in the article, its all parents fault for neglect, not much the driver could do really

27-07-2016 11:22AM

scdublin wrote: »

This is a discussion forum and I've connected the case with the gorilla and alligator incidents because they all involve a child being injured and inevitability garner the "who's at fault?" questions. The parents took a lot of blame for those incidents so I'm curious if people think these parents/guardians should have been looking after the child more carefully and therefore if the 60/40 liability breakdown is fair.

They're dissimilar, though.

From what we know of this particular case, the siblings and father went to look at cows grazing. This little boy said he'd stay behind, but then changed his mind, at which point he went to follow. So it wasn't a case of a parent getting distracted by something, it was their acting according to the child's decisions.

This is a rather pointless discussion in some ways, because we're very likely only getting snippets of what happened behind the court's closed doors.

The main point is - the boy's life is never going to be the same and whatever hopes and dreams his parents had for him are likely to be unattainable. I don't know what the health system is like in Belgium, where the boy seems to be based, but I'd imagine that his sort of injury will cost the family a lot of money in the duration of his life.

frozenfrozen · 27-07-2016 11:24AM

eviltwin wrote: »

I'm sure riding horses are the least of his concerns. A member of my family was awarded money after an accident. He never actually got cash in hand. The money was kept in a fund and used to pay for house modifications and health treatment. Maybe it's changed since then but the needs of this kid are going to require a lot of money and if part of that is a few excursions to go horse riding so be it.

I'm sure if you read the article you'd see he wants to ride horses. I was saying he would have money to ride horses with 1900 a week. Not every word in a post has to be picked to bits as if there's some subtext.

I was plainly saying, 5 million euro sounds like a lot. (it does, especially considering it's arguably not the drivers fault)

next point, from his perspective, he will get to ride a lot of horses for 1900 a week, so you know, he won't be wanting for money anyway after that payout, so it's worked out grand for him.

I don't see what there is to get upset about

27-07-2016 11:26AM

frozenfrozen wrote: »

I'm sure if you read the article you'd see he wants to ride horses. I was saying he would have money to ride horses with 1900 a week. Not every word in a post has to be picked to bits as if there's some subtext.

I was plainly saying, 5 million euro sounds like a lot. (it does, especially considering it's arguably not the drivers fault)

next point, from his perspective, he will get to ride a lot of horses for 1900 a week, so you know, he won't be wanting for money anyway after that payout, so it's worked out grand for him.

I don't see what there is to get upset about

... you do realize that the €5m is going to be for the rest of his life, right? The assumption is that the older he gets, the more expenses are going to be accumulated, especially if he requires specialized housing as an adult.

The Backwards Man · 27-07-2016 11:27AM

Aye, I'd be fairly critical of big compensation for relatively minor incidents but this isn't the case here.

A neighbour of mine got a multi million euro compensation settlement for injuries to their child who now requires 24 hour care and will do as long as they live, and it's just a drop in the ocean.

looksee · 27-07-2016 11:28AM

There is no doubt that it is a tragedy for the child and his parents, but it does seem unreasonable to put that much blame on the driver. Unless there are things that have not been made clear in the article there does not appear to be any more than a tiny fraction of blame on the driver.

Yes, you watch the situation on the road and environs as you drive, and are prepared to react as necessary. A driver should read the road and see places where situations might occur. But equally a 13 year old should either have been taught road safety, or have been under direct supervision.

27-07-2016 11:29AM

looksee wrote: »

There is no doubt that it is a tragedy for the child and his parents, but it does seem unreasonable to put that much blame on the driver. Unless there are things that have not been made clear in the article there does not appear to be any more than a tiny fraction of blame on the driver.

Yes, you watch the situation on the road and environs as you drive, and are prepared to react as necessary. A driver should read the road and see places where situations might occur. But equally a 13 year old should either have been taught road safety, or have been under direct supervision.

I believe they were 5 when the accident happened?

Lollipops23 · 27-07-2016 11:29AM

In this instance I think it's ridiculous that the driver was held at all accountable. She was diving within the speed limit, and had "1.75" seconds to react. What exactly could she have done to avoid this tragedy?

The adults in his life failed him- who the hell doesn't watch a 5 year old near a busy road?

Dr Turk Turkelton · 27-07-2016 11:29AM

duffman3833 wrote: »

this case i think for once the amount awarded is actually fair because it completely changes the child's life. He will need a lot of care. As to who is at fault, hard one to call but im leaning towards the parents, even if the driver did spot the child there is no way a driver can be at fault as its impossible to react to different situations and different drivers have different reactions.
In my mind, based on the info in the article, its all parents fault for neglect, not much the driver could do really

So basically the woman's insurance company has to fork out for something that in reality is not her fault just because there is no one else to sue?

doc11 · 27-07-2016 11:30AM

Mr. Incognito wrote: »

€5 million to care for a severly disabled boy for the entiritiy of his life is not a lot imo.

Define "severly"? cause "he is an active boy who loves horse riding" apparently. Like many injury's can be exaggerated, a few trips to a speech therapist to ad a few million to the claim. No more then going to PT for "whiplash" and making out your a cripple.

27-07-2016 11:31AM

I agree it doesn't sound like enough money to compensate for a lifetime of intellectual disability and presumably other medical complications, too.

My main concern would be for the Driver.

I can see the attraction of attaching liability to the Driver, because her insurance policy is an easy source of income.

But think of the fact that she will have to live with her name being published in the media, and a Court determining that she is mostly responsible for the injury. There hasn't been a trial, and this woman almost certainly wasn't represented at the settlement hearing (an insurance company makes the decision to settle, it isn't the driver's decision)

I feel terribly sorry for the boy, but I feel very sorry for the stigma that the imposition of liability may have on the driver, too.

27-07-2016 11:31AM

doc11 wrote: »

Define "severly"? cause "he is an active boy who loves horse riding" apparently. Like many injury's can be exaggerated, a few trips to a speech therapist to ad a few million to the claim. No more then going to PT for "whiplash" and making out your a cripple.

Skull fracture. Brain trauma. Speech difficulties. Requiring special assistance for the rest of his life.

That sounds pretty damn severe to me.

frozenfrozen · 27-07-2016 11:32AM

Deleted User wrote: »

... you do realize that the €5m is going to be for the rest of his life, right? The assumption is that the older he gets, the more expenses are going to be accumulated, especially if he requires specialized housing as an adult.

they can't un-car accident him so really what else can you do. The courts worked out that 5 million was enough

no idea why everyone is replying to me as if I'm saying he just pocketed 5 million in cash.

Boy awarded €5m after being struck by car

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