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A 39-year-old civil servant, who fractured his wrist by hitting a ball in a boxing machine in a Dublin pub, was compensated up to 30,000 euros in damages against the Flannery sports bar at Cambden Street.
Liam Murphy, of The Dale, Woodpark, Ballinteer, Dublin 16, told the Circuit Civil Court that after watching the final of September 8, 2013 in Cork-Clare all-Ireland, he went with a friend to Flannerys, where a group of competing by hitting the ball.
Murphy's lawyer, Fintan Hurley, said there was a boxing machine in the bar and that if one paid a euro, a ball struck. Hitting the ball recorded a score based on the strike force.
Mr. Murphy had been competing with a number of people and had hit the ball seven or eight times. Mr. Hurley, who appeared with Denis Linehan from Charleville to Cork, told Judge Jacqueline Linnane that no typing glove was provided for protective purposes.
The court heard that the day after the contest, Mr. Murphy had a wrist and wrist pain on his right wrist and that he went to a doctor who had directed him to St. Vincent's Hospital where he was reported to have been broken. the right scaphoid. He had to undergo an operation as a result of an injury and had been in a bandage for several weeks.
"Test your strength"
Dr. Hurley has published several articles in health journals highlighting research on fractures caused by "test your strength" ball machines. An expert said that there had been a growing number of scaphoid fractures attributable to the use of such machines, which were commonly found in amusement parks and taverns.
The article pointed out that fractures caused by these machines, even if they were diagnosed and treated quickly, did not always unite. An article mentioned an awareness of anecdotes reporting injuries sustained by hitting these bullets across the UK.
He said that the combination of alcohol and peer group pressure could conspire to cause serious injury and that coffee owners need to be aware of the risks badociated with these machines.
Mr. Murphy, who told the court that he had drunk a few drinks while watching the Irish final, sued Camden Street Taverns Limited under the name Flannerys and Halpol Limited, South William Street, Dublin, suppliers of the boxing machine a third party and who did not show up.
David Semple, forensic engineer, said that the machine had been supplied to a department store selling drinks and that it was inevitable that people would feel obliged to try to hit the ball to see what score could to be obtained.
The Flannerys lawyer told the court that the plaintiff should have realized that the machine was only a game and that it should not have been used for extremely competitive way.
Judge Linnane, who stated that it was not appropriate to dispose of such a machine in a public house, awarded Murphy 30,000 euros in damages and his legal costs. . The court authorized Flannerys to seek compensation or a contribution from Halpol Limited.
The outcome of the case will likely prompt pubs, clubs and carnivals to re-examine the risk and safety aspects badociated with the use of such a machine in their premises.
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