One of the women at the centre of High Court damages claims over minor ankle injuries suffered as she got out of a ‘bird’s nest’ children’s swing said she took the case in a bid to encourage Tipperary County Council to adapt the swing to a safer height.
A safety report from Play Services Ireland had recommended that the swing be raised by 300mm and this had been presented in court, said Susan O'Mahoney.
Ms O'Mahoney told RTÉ Radio's Liveline show that she had accepted an award of €22,000 through the Personal Injuries Assessment Board (PIAB).
When PIAB recommended the award and that she pay her own costs, Ms O'Mahoney had accepted, but Tipperary Council had rejected the recommendation, she said.
The court case had been heard in June, but the written judgement was released this week following which Ms O’Mahoney said she was “terrified” to leave her home for fear of ridicule and of “backlash”.
“I didn’t set out to do this, I set out to prevent further injury,” she said.
Ms O’Mahoney said she had tried not to go on social media, but was being sent items by people.
The accident had occurred when she got onto the bird’s nest swing at a playground with a child she was minding as she feared he was too small to go on it alone. When she was attempting to get off it, the swing moved and hit her in the back of the leg which was then dragged under it, and broke her ankle.
A woman came over to assist her and said that the same thing had happened to her while other people subsequently contacted her to also say the same thing, she said.
“I thought I have to do something about this,” she said.
After efforts to contact the council went without a reply, she contacted a solicitor who organised an engineer who said that the swing was lower than it should be and was “an accident waiting to happen”.
At all times she was “willing to engage” with the council, she said and had only initiated the action as she wanted the swing to be made safer. It had been her barrister’s advice to take the case to the High Court, her goal had been “to have the swing sorted”.
Ms O’Mahoney was injured on the swing in 2016 and in 2020 the playground was closed down following an inspection that highlighted repairs were needed. She said she wanted to see the playground reopened, but that the swing should be made safe as it had the potential to injure a child.
“I feel we have done some good as it forced an inspection. I want children to be safe.”
Ms O’Mahoney said she had been told she had grounds for appeal and intended to do so.