Girl who fell out of her mother's arms after allegedly slipping at Supermac's receives €11,000

A 12-year-old girl who suffered a head injury as a newborn after allegedly falling from her mother's arms when she slipped in a takeaway restaurant has settled a High Court claim for €11,000.

Aisling Crowley was just six months old at the time of the accident when she fell to the floor of the Supermac's takeaway restaurant in Tullamore, County Offaly, hitting her head.

The settlement is without admission of liability.

Aisling Crowley, of Clonaslee, Co Laois, had, through her mother, Sarah Sherlock, sued AVTD Ltd, whose registered office is at William Street, Tullamore, Co Offaly, and trading as Supermac's, Tullamore.

Judge Michel P O'Higgins was told that liability was fully at stake in the case and that if it went to court the girl might not win her case.

It was alleged that on December 6, 2012, six-month-old Aisling was in her mother's arms when she allegedly slipped and fell to the floor as she walked towards the Supermac's counter.

It was claimed that the restaurant floor was wet, slippery and in a dangerous condition.

All claims were dismissed.

The mother reportedly fell forward onto the floor and the baby fell out of her arms, causing a head injury. The mother reportedly tried to protect the baby from hitting the floor, but she noticed that the sound of the baby's head hitting the floor was similar to that of a china plate breaking.

An X-ray at hospital showed the baby had not suffered any bone injuries, but another X-ray later showed a fractured skull but no bleeding and the court heard the injury later resolved.

Prosecutor Jonathan Killester, representing the girl, told the court that there was full liability in the case and that CCTV footage showed 64 people had walked on the same ground in the two hours before the alleged accident and more in the two hours after, all without incident. Mr Killester said a cleaning system was in place.

A lawsuit brought by the mother over the alleged fall, the court heard, had also been settled and could be dismissed.

Approving the €11,000 settlement, Mr Justice O'Higgins said it appeared the mother had had an unfortunate slip on a rainy day and the child had a potentially serious injury but, according to the medical report, the symptoms were short-lived.

Noting the liability issue, the judge approved the settlement.