A boy who was electrocuted when he hammered a nail into an ESB pole while playing has settled his High Court action for €700,000.
Kurt O’Callaghan was playing with friends in a wood near his home and making a camp when he decided to put up a ‘Keep Out’ sign.
He hit a cable when he hammered in the nail for his sign and was thrown back and suffered severe burn injuries. He later had multiple operations and grafts to burn areas on his head, neck, shoulders, chest and hands.
His counsel told the court Kurt, who was 10 at the time of the incident in 2008, had climbed onto a low boundary wall to a housing estate to access the ESB pole.
Now aged 17, Kurt, through his mother Denise O'Callaghan, sued the ESB as a result of the incident which occurred not far from his home in Wexford town on July 3rd 2008.
It was claimed the boy had been exposed to a danger of which the ESB knew or ought to have known.
It was alleged the ESB failed to inspect the wall or the electricity pole so as to detect the allegedly dangerous nature of the wall’s proximity to the nearby electricity pole and in particular the presence of high velocity cables.
The claims were denied.
Michael Counihan SC, for the boy, said there is a statutory requirement to ensure elctricity poles are protected up to three metres from the ground. An electrical engineer for his side believed the ESB should have spotted there was access to the pole if a person climbed up on the low wall.
When the engineer inspected the pole, he reported finding 52 other nails in it, including nails used to hang election posters. Mr Counihan said Kurt had climbed on a low boundary wall to a housing estate to access the ESB pole to nail in his sign.
The boy struck a cable and was blown off the pole with the force of the shock, he said.
He suffered severe burn injuries and a passing motorist rushed him to hospital. He was transferred to Our Lady’s Children’s Hospital, Crumlin where he spent three months.
Mr Counihan said Kurt will possibly need another operation but has made an amazing recovery and is now waiting to take up a welding apprenticeship.
Approving the settlement, Mr Justice Kevin Cross said the boy had made a good recovery from an awful, extremely traumatic and frightening experience.
It was a good settlement and the boy could have faced a possible claim of contributory negligence if the case had gone ahead, the judge said. He wished him well for the future.