Judge says sugar dispenser claim is ‘compensation culture gone mad’

A damages action over an injury to a two-year-old girl caused when her little finger was trapped in a hole in the metal lid of a restaurant's sugar dispenser has been described by the president of the High Court as "another case of compensation culture gone mad".

Mr Justice Nicholas Kearns made the comment when dismissing an appeal yesterday against the Circuit Court's rejection of the girl's claim.

Robyn Behan was almost three when her finger became stuck in a 8mm hole at the top of the dispenser while out with her family in Eddie Rocket's restaurant in Blanchardstown, Dublin, in September 2011. Efforts by restaurant staff to remove the finger with soap and other lubricants failed.

Through her mother Vanessa, North Brunswick Street, Dublin, the child sued the restaurant chain. Her mother told the court blood was “pumping” from her child’s finger and she was brought by car to Temple Street children’s hospital. They had to cut the metal lid to free her finger. The child was left with a laceration to the bottom of her finger.

An engineer who gave evidence on behalf of Ms Behan said the dispenser did not comply with EU safety regulations in relation to hazards posed by utensils for children. The hole had "a fish-hook effect" once a small finger was inserted, it was claimed.

An engineer for the restaurant disputed this and said there were no regulations relating to sugar dispensers.

Mr Justice Kearns said he had examined Robyn’s finger and found the child to be a “delightful” little girl. “Quite frankly, this is another case of compensation culture gone mad concerning an extraordinary suggestion that the restaurant should have warned Robyn’s mother when she was being shown to a table that the sugar dispenser had a risk associated with it.”

Mr Justice Kearns said he was quite satisfied that EU law relating to safety of utensils designed for use by children did not include sugar dispensers.

He awarded costs of both the High Court and Circuit Court cases against Ms Behan but suggested the parties may be able to come to some private arrangement whereby costs from only one hearing might have to be paid.