settlement | 

Girl who fell from chair in TK Maxx 13 years ago is awarded €26,500

Chanel O’Brien, now aged 17, suffered a cut to her forehead and nose when she climbed onto the chair in TK Maxx and it fell
Strong tenants like TK Maxx can force turnover rent deals from shopping centre owners

Strong tenants like TK Maxx can force turnover rent deals from shopping centre owners

Tim Healy

The High Court has approved a €26,500 settlement over an accident in a clothing store involving a five-year-old girl.

Chanel O’Brien, now aged 17, suffered a cut to her forehead and nose when she climbed onto the chair in TK Maxx and it fell.

Mr Justice Garrett Simons said, while he had been asked to approve the agreed settlement between Chanel and the store he could not see any case for "condemning TK Maxx" over the accident.

"It seems this is a case that would have failed had it gone to trial as it seems to me that there is not any judge who would find against TK Maxx.

"This was an unfortunate accident and I cannot see any case for condemning TK Maxx".

However, the girl's lawyers had achieved "a very good result" for her and he was happy to approve the settlement.

Chanel, through her grandmother, Catherine O'Brien of Golden Ridge Crescent, Skerries Road, Rush, Co Dublin, sued TK Maxx over the accident on July 19, 2009.

It was alleged she suffered a laceration to her forehead, which required sutures, and to her nose which healed quickly. She was left with a scar to her forehead close to the hairline.

Niall Mooney BL, for Chanel, told the court, an offer of €26,500 had been made by the defendant to settle the matter and it was accepted.

Mr Justice Simons also approved costs to be measured under the Legal Services Regulation Act.


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