Boy who cut leg on slide during Florida trip awarded €30,000

A 14-year-old boy whose leg was lacerated while he was on holiday in Florida, has been awarded €30,000 damages in the Circuit Civil Court.

Barrister Karl Finnegan told the court that in January 2013 Rhys Nolan-Delaney was on a family holiday and was in the playground of the Rosen Inn, Pointe Orlando, Florida, when he slipped on a metal step leading to a slide and cut his right shin on the edge of it.

The court heard that Rhys, who was aged 10 at the time, suffered a nasty laceration to his leg and had been taken to a hospital where the wound was stitched.

Mr Finnegan told Circuit Court President Mr Justice Raymond Groarke that Rhys had been fortunate not to have damaged any tendons or nerves in his leg.

The court was told the laceration had left a broad permanent and visible scar on Rhys’ leg. Through his mother Karen Nolan-Delaney, he sued tour operator Tropical Sky Ireland Ltd, which trades as American Sky, with an address at Pembroke Hall, Fitzwilliam Square West, Dublin.

Defects

Rhys claimed the defendant was in breach of the Package Holidays and Travel Trade Act 1995 as it had not provided him with a secure accommodation, free from defects. He alleged the step had been dangerous and unsafe.

Mr Finnegan said the defendant had made a settlement offer without admission of liability. He said that following an assessment by the Injuries Board of the value of the case at €25,000, the tour operator had initially made an offer for that amount.

Counsel said the offer had now increased to €30,000 and he was recommending its acceptance to the court.

Judge Groarke accepted the offer and, hearing that Rhys was an avid mountain biker but did not want to trouble his parents with the purchase of an expensive bike, he allowed a pay out of €1,300 to buy a mountain bike, on the condition that a receipt is furnished.