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Girl scarred after being hit by scrambler motorbike awarded £90k in damages

The girl was also left with a fear of exposure to motorcycle noise

By Alan Erwin

Published 12/08/2016

The court heard the bike's handlebar cut a hole in the girl's cheek.
The court heard the bike's handlebar cut a hole in the girl's cheek.

A young girl who suffered facial scarring after being hit by a scrambler motorbike is to be awarded £90,000 in damages, a High Court judge ruled today.

Mr Justice Stephens ordered the payout for injuries inflicted in a collision that also caused serious damage to a saliva duct.

The child, who cannot be identified, was aged four when the accident happened in the Co Armagh area in May 2013.

She was playing with friends on a footpath outside her grandparents' house when the scrambler struck her.

The bike's handlebar cut a hole in her cheek, the court heard. She also sustained dental damage and was left with a fear of exposure to motorcycle noise.

Following the collision the girl suffered nightmares and panicked if she heard scramblers in the field near her home. Her mother sued both the rider of the bike and the Motor Insurers Bureau.

With negligence admitted in the case, the only issue to be decided was the level of damages.

Dealing with the impact on the child, Mr Justice Stephens said she has been left with an obvious scar in a prominent position.

He described her as "a very pleasant but relatively shy young girl who takes care of her personal appearance".

The judge added: "The effect is that when the plaintiff smiles, expressing happiness and enjoyment, the impact of the smile is spoilt by the scar becoming markedly indented."

In his assessment she will become very self-conscious of the facial mark as she gets older.

"I consider that there is a significant and real risk that this could ead to feelings of poor self-worth, low self-esteem and increase the risk of developing depressive illness," he held.

For a two-month period after the accident she became fearful and clingy at the sound of scramblers.

The court heard she would scream in the car if motorbikes passed by during the first few weeks.

Concluding the plastic surgery will not reduce the effects of the scarring, Mr Justice Stephens confirmed his award was based on the injuries and psychological reaction.

He ruled: "I assess overall damages at the figure of £90,000 and enter judgment for that amount."

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