Posted: April 18th, 2017
A judge has approved a settlement of compensation made to a young girl after an accident in a swimming pool left her with a visible scar on her face.
In August 2012, a young girl (eight years old at the time of the incident)was on a family holiday to the Sol Principe Hotel in Torremolinos on the Costa Del Sol. While the girl was swimming in the hotel´s pool, another guest dived into the pool, landing on top of her. This pushed her to the bottom of the pool, causing her chin to collide with the tiles, cutting it.
The girl received on-site medical attention, and was taken by her family to a local medical clinic.The cut to her chin was cleaned and seristrips were applied to the wound. As a result of the accident, the girl suffered pain, distress and discomfort. She was left with a pale scar on her chin, 1 cm in length. The family sought legal counsel, and through her father she claimed compensation for a Spanish swimming pool accident against the hotel and the travel agent through whom the holiday had been booked.
In the claim for compensation for a Spanish swimming pool accident, it was alleged the hotel – and, by association, the travel agent – had been negligent and failed in its breach of duty by failing to take adequate precautions while guests were using the swimming pool. It was also alleged there was a lack of adequate supervision of the fellow guest that had dived into the pool, and more staff on site would have prevented the accident from occurring.
The defendants denied liability, and a full defence was entered against the claim. It was also argued that the case should be heard in Spain, rather than in Ireland, because of the location in which it took place. However, at the Circuit Civil Court, Mr Justice Raymond, heard that an initial offer of settlement amounting to €5,000 compensation for a Spanish swimming pool accident had been made by the two defendants, without admission of liability.
The offer of settlement was of a value that would be offered to the girl if the family were to successfully bring a claim in Spain. Judge Groarke heard that the offer had been since increased to €12,500 after initially being rejected by the family. Due to continued disputes of liability, the family had agreed to accept the increased offer. The judge said, in the circumstances he was happy to approve the settlement of compensation for a Spanish swimming pool accident.