A woman who suffered a broken wrist while on holiday has had an award increased from €26,000 to €36,000 by the Court of Appeal.
Aged 35 and from Drumlonagher in Donegal town, the woman sued tour operator Budget Travel, claiming that her initial award of €26,000 did not sufficiently take in to account the ongoing nature of injury and its effects.
Descending a “dangerously defective ramp” leaving her accommodation while holidaying in Gran Canaria, Spain, in May 2008, the woman fell backwards and stretched out her hand to break the fall, fracturing her right wrist in the process as well as partially injuring her back.
There was an initial award of €20,000 for pain and suffering to date and a further €5,000 for future pain and suffering, along with €1,060 in agreed special damages. The award was appealed in the High Court, however, as it was argued that it failed to aptly account for the extensive pain and ongoing suffering of the woman as the result of her injury, as well as having a detrimental effect to her burgeoning career as a dental nurse.
Adding weight to the claim, a doctor said that the injury sustained by her dominant hand was permanent, with an increased risk of arthritis in the wrist in the future.
A three-judge Court of Appeal subsequently increased the €5,000 sum for pain and suffering into the future to €15,000.
Wrist Injuries
Wrist injuries are an everyday occurrence that can happen due to a slip, trip, or fall, as observed in the case above. From breaks to fractures or sprains to strains, even a seemingly minor wrist injury can cause a significant amount of pain and suffering.
Damage to the wrists and the accompanying symptoms can prove extremely disruptive, if not exceptionally damaging, when they do occur. Whether a wrist injury occurs in a business or public space, failure to carry out frequent and adequate risk assessments can lead to a hazardous environment where the likelihood of such accidents increase tenfold.
Seeking Legal Counsel
If you believe that you, a family member, or a loved one has suffered a wrist injury as the result of an accident for which you were not at fault, please feel free to speak to a member of our legal team who will be happy to provide you with confidential and expert advice.
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