A judge at the Circuit Civil Court has approved the settlement of a hotel pool injury claim made on behalf of a six-year-old schoolgirl by her father.
Emma Olteanu was just four years old when her father, Marius, took her swimming at the Clarion Hotel in Clondalkin in October 2014. Emma had been given special swimming socks to prevent her from slipping, but despite this precaution, Emma tripped on the worn edge of a pool mat and fell – hitting her chin against the side of the pool and sustaining a deep cut.
Emma´s father took her to the Emergency Department at the Adelaide and Meath Hospital in Tallaght, where the cut on Emma´s chin was cleaned and stitched. Due to the depth of the cut, Emma has a two-centimetre scar on her chin which – her parents from Lucan in County Dublin claim – she is very conscious of.
On his daughter´s behalf, Marius made a hotel pool injury claim against Kingsoak Taverns Ltd. trading as Clarion Hotels. In his legal action, Marius claimed that the hotel was negligent by equipping the pool with a worn pool mat. The hotel admitted liability and a €21,000 settlement of the hotel pool injury claim was negotiated.
As the hotel pool injury claim had been made on behalf of a minor, the settlement had to be officially approved to ensure it was in Emma´s best interests. Consequently, the facts of the case were presented to Mr Justice Raymond Groarke at the Circuit Civil Court, who was also told about the consequences of Emma´s accident and her permanent scar.
The judge approved the settlement of the hotel pool injury claim and ordered that it was to be paid into court funds. The settlement will be placed into an interest-bearing account until Emma reaches the age of eighteen unless an application is made to the court by her parents to release funds for Emma´s education or for medical reasons.