A 10-month-old boy’s first Christmas present left him screaming in pain, a judge has heard in a personal injury claim against fashion retailer H&M.
Barrister Kevin D’Arcy told the Circuit Civil Court that Oscar Tarr’s mother bought him a pair of jeans as a Christmas preset in 2020.
Oscar’s mother, Michelle Malone, put the jeans on him on Christmas morning but a security tag pin that had not been removed in the store and scratched his leg from his left ankle all the way up to his bottom. In an affidavit, she said that “when I pulled the jeans up on him he started screaming”.
Mr D’Arcy, who appeared with Spelman Callaghan Solicitors for the child and Ms Malone, of Coultry Terrace, Ballymun, Dublin 9, told Judge John O’Connor that the Injuries Board had assessed compensation for the injury at €1,500, which was rejected by the court.
He said that H&M Hennes & Mauritz (Ireland) Limited had since offered a figure of €8,500, which he was recommending to the court.
Mr D’Arcy said Oscar’s doctor was contacted on Christmas Day and over the following few weeks there was an issue with regard to cleaning the wound. Ms Malone stated in her affidavit that Oscar was a little slow in returning to crawling due to the scrapes and lacerations, particularly to the back of his knee.
Judge O’Connor, approving of the settlement, said the boy’s legal team had done well in negotiating the damages award.