€35,000 for girl scarred by broken swimming pool tile

A 13-year-old who lacerated her chest while exiting a swimming pool at the Hilton Hotel in Kilmainham, Dublin, has been awarded €35,000 damages.

Barrister David Allen told the Circuit Civil Court that Sophie Casey had been left with two permanent scars which would be visible if she was to wear a swimsuit or an off-shoulder dress.

Mr Allen said Sophie had been in the hotel on October 22nd, 2013 with her mother and had gone for a swim but as she was exiting the pool her chest was caught on the sharp edge of a broken glass tile.

She suffered two lacerations to the left side of her chest which had left two permanent scars, one about an inch and the other a half inch long.

The schoolgirl, of Woodfield Terrace, Inchicore, Dublin, sued Hilton Hotels (Ireland) Limited, through her mother Niamh Casey. Hilton Hotels has a registered office in Charlemont Place, Dublin.

Liability

Mr Allen told Circuit Court President Mr Justice Raymond Groarke that the hotel had offered Sophie a €35,000 settlement without admission of liability.

He said Sophie visited her GP who felt the appearance of the scars could be improved through plastic surgeon. Given the location of the scars no treatment was recommended at this time but Dr Loughrey felt that an opinion could be sought from a plastic surgeon in the future.

Judge Groarke said that due to the scars being permanent and visible dependent on what Sophie would be wearing he felt they should be examined and transferred the claim to Judge Jacqueline Linnane who saw the scars in her chamber and discussed them with Sophie.

Judge Linnane, approving the €35,000 offer, said Sophie did not now seem as conscious of them as previously and it was possible that if the case went to trial before another judge an award below that figure might be made.

“Taking everything into account I think it is a fair offer that should not be put at risk,” Judge Linnane said.