In a recent High Court case, two adults sued Tipperary County Council for injuries they incurred in two separate accidents while they got out of a ‘bird’s nest’ basket swing in a children’s playground.
The two women sued the council for negligence and breach of duty.
The injuries they incurred were caused by the two adult women deciding to use equipment not designed for adult use.
The judge said that common sense would tell any adult they should not use a swing designed for children.
Both women sued over ankle injuries sustained, on different occasions, as they got out of a bird’s nest basket swing in a community playground in Newcastle, Co Tipperary, built after members of the local community raised funds for it.
One of the plaintiffs was exiting the swing which she had got onto with a child whom she was then minding, aged two years and 10 months. She caught her right ankle on the underside of the swing and suffered an ankle fracture. She was in a cast for six weeks, an ankle boot for four weeks and was back working as a carer within two and a half months.
The judge took a stern view on the legitimacy of the cases taken by the women. Essentially, he found that the two women had used playground equipment which was in good working order but designed only for children. The judge found there was no negligence nor breach of duty by the council and dismissed their cases with costs awarded against them.
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