Teenager who claims she suffered neck injury in gym settles High Court action
High Court Reporters
A teenager who it was claimed suffered a neck injury when she was exercising in a gym five years ago has settled a High Court action for over €72,000.
Caoimhe Keogh her counsel, told the High Court was using a TRX machine, which is suspension training equipment, at her local West Wood gym in Clontarf, Dublin when the accident happened.
Her counsel Alannah McGurk BL instructed by Healy Law told the court it was their case that the girl who was 11 years old at the time suffered a serious neck injury when the ropes gave way and she fell back.
She had been in a purpose built children’s area of the gym.
Counsel said it was their case that the TRX machine was allegedly defective.
Caoimhe who was taken to hospital was found to have suffered compression fractures and she had to wear a neck brace for three months.
Counsel said the settlement included €70,000 in general damages and over €2,700 in special damages.
Caoimhe Keogh (16) of Clontarf, Dublin had through her father Paul Keogh sued ILG Limited with a registered address at West Wood gym and Health Club, Leopardstown Racecourse, Foxrock, Dublin and Templeville Developments Ltd of the same address which are the owners of the gym where the accident happened.
Miss Keogh it was claimed was 11 years old at the time and was using a purpose built children’s area of the Clontarf gym at the time of the accident on October 16th 2020.
It was claimed the rope on the TRX machine gave way and the young girl fell backwards onto her neck sustaining a severe injury.
In the proceedings it was claimed there was an alleged failure to ensure that the TRX machine was in a safe and suitable condition to be used and there was an alleged failure to ensure proper management and inspection of all machines at the premises.
It was further claimed than an alleged defective TRX machine had been allowed to be on the premises.
Mr Justice Conor Dignam said he had no hesitation in approving the settlement.
He noted a medical report from two years ago which said the girl complained of ongoing intermittent neck pain but she has now returned to sporting activity including camogie and tennis.
