A judge at the Circuit Civil Court has awarded €30,000 injury compensation for a fitness club accident to a hotel supervisor from Dublin.
Timea Babos (30) was a guest at the West Wood Club in Dublin when, on 13th November 2011, she decided to go for a swim after coming out of the club´s sauna. Timea dived straight into the pool, but hit her face on the bottom of the pool and broke her two upper front teeth.
Bleeding heavily from her mouth, Timea completed an accident report form at the reception of the fitness club reception. She then attended her doctor´s surgery, where the bleeding was stopped and Timea was prescribed painkillers.
Two weeks later, Timea flew to Hungary to have crowns fitted to her broken teeth and, on her return she sought legal advice about claiming injury compensation for a fitness club accident. Her claim was initially submitted to the Injuries Board for assessment, but the West Wood Club denied liability for her injuries.
Consequently, the Injuries Board issued Timea with an authorisation to pursue her claim for injury compensation for a fitness club accident through the courts, and Timea´s solicitor filed the case with the Circuit Civil Court – claiming that there were no signs displayed warning of the shallow depth of the pool nor a lifeguard on duty to prevent Timea from diving in
The solicitor also arranged for a forensic engineer to inspect the pool; which he described as being unusual because it had no deep end. The forensic engineer found that the depth of the pool was only 1 metre 35 centimetres throughout (about four foot) and that there were inadequate signs to warn guests of the risk of injury.
At the Circuit Civil Court, Judge Jacqueline Linnane heard the West Wood Club argue that Timea was partly liable for the cause of her injury because of the manner in which she had dived into the pool after failing to check it´s depth.
The judge was also told that there were inadequate warnings around the perimeter of the pool and a lack of supervision in the pool area. The judge dismissed the West Wood Club´s argument that Timea had contributed to her injuries through her own negligence and awarded her €30,000 injury compensation for a fitness club accident.