Boy who injured mouth playing basketball settles High Court action

High Court Reporters

A boy who injured his mouth, fracturing his teeth while playing basketball, has settled a High Court action for €60,000.

Alan Burczyk was only 11 years of age and playing basketball with his team when he fell, hitting his face against the edge of a bench.

His counsel, Aidan Doyle, told the court the boy suffered a serious injury to his teeth in the accident on February 1st, 2020.

The boy suffered fractures to two of his front teeth, and Counsel said he had to have as many as 20 visits to the dentist for treatment afterwards.

Counsel said the boy may also have to have further treatment.

Counsel said there were benches around the wall of the hall, and an engineer on their side contended it would be better to remove them when teams were playing sideways in the hall.

Alan Burczyk ( now aged 17) of Lucan, Dublin, had, through his mother Karina Marchwinsk, sued the Dublin Lions Basketball Club with a registered address at Foxborough Road, Lucan, Co. Dublin, as a result of the accident in a hall in Clondalkin.

In the proceedings, it was claimed there was an alleged failure to ensure the safety of the boy and an alleged failure to move the bench from under the basketball net.

It was also claimed the bench was allegedly permitted to be in and remain in a dangerous position given the circumstances.

It was further claimed there was an alleged failure to ensure the basketball court and area directly surrounding it was safe and free form inherent dangers.

It was claimed that the boy did not return to playing basketball for two years after the accident.

All of the claims were denied.

Approving the settlement, Justice Paul Coffey said it was fair and reasonable.

The judge said it was no small matter for the boy who had to have twenty visits to the dentist for what was no doubt painful treatment.

Justice Coffey said he was delighted the case had settled and he wished the boy well for the future.