A judge at the Circuit Civil Court has approved the settlement of a Spanish holiday injury claim after being told there may be a doubt over liability.
The Spanish holiday injury claim resulted from an accident in the swimming pool of the Sol Principe Hotel in Torremolinos in which an eight-year-old girl was injured. The girl had been swimming in the pool when another holidaymaker dived in. Unfortunately the holidaymaker landed on top of the girl and pushed her to the bottom of the pool, where she cut her chin on the tiles.
The girl´s father took her to a local medical centre, where the injury was treated. On the family´s return to Ireland, the girl´s father sought legal advice and – on his daughter´s behalf – made a Spanish holiday injury claim against the owners of the Sol Principe Hotel and the Irish travel agent through whom the family holiday had been booked.
In the Spanish holiday injury claim, it was alleged there had been a failure by the hotel to take adequate safety precautions while guests were using the pool. It was claimed that the accident could have been prevented with adequate supervision and, that as a result of the accident, the girl had suffered pain and discomfort and experienced a disturbance of her social and recreational life.
The allegations were denied by the defendants and a full defence entered against the Spanish holiday injury claim. An offer of compensation based on what the family would receive if the claim was successfully heard in Spain was declined, and a second offer of settlement was forthcoming – the offer of €12,500 being accepted by the family on advisement of their solicitor.
As the Spanish holiday injury claim had been made on behalf of a minor, the settlement had to be approved by a judge. Consequently, at the Circuit Civil Court in Dublin, the circumstances of the accident and details of the offer were related to Mr Justice Raymond Groarke. After hearing that the girl had a 1cm scar on her chin as a result of the accident, but liability may be in doubt if the case went to a full hearing, Judge Groarke said he was happy to approve the settlement in the circumstances.