A settlement of €33,000 has been approved for a three-year-old boy who slipped and fell in the changing room of a hotel gym.
Left femur break
The court heard how the boy, now aged six, slipped and fell on the wet floor of a gym changing room at a hotel in Dublin, causing his left femur to break.
Following the incident, the child was rushed to the accident and emergency department of Temple Street Children’s Hospital where he was placed in a splint and hip spicu cast.
A mild limb length discrepancy had been noted in the boy’s left leg, but otherwise the leg appeared to be improving as he got older.
Counsel for the complainant’s family said that the hotel had made a settlement offer of €33,000, asking the court to approve the amount on the basis of protecting the best interests of the child. Counsel feared that if the offer was refused and the case went to a full trial before another judge, it may not succeed.
Parents not happy with amount offered
Although the parents of the boy were unhappy with the amount offered, counsel felt it was a good amount and should not be passed upon.
Speaking to the mother of the complainant, Judge John O’Connor told her that on the question of liability, it was possible that another judge may award up to €40,000, but that there was also the chance that the award could be much less in favour of the defendant.
The offer of €33,000 was approved by Judge O’Connor together with Circuit Court costs.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.