A judge has approved a settlement of compensation for a Spanish swimming pool accident after an initial offer of settlement was more than doubled.
In August 2012, the twelve-year-old plaintiff and her family visited the Sol Principe Hotel in Torremolinos on the Costa Del Sol. While the girl – who was eight years of age at the time – was swimming in the hotel´s pool, another holidaymaker dived into the pool, landing on top of her and pushing her to the bottom of the pool, where she cut her chin on the tiles.
The girl was taken to a local medical centre, where her cut chin was cleaned and seristrips applied to the wound. Due to the accident, the girl suffered pain, distress and discomfort, and now has a pale 1cm scar on her chin. Through her father she claimed compensation for a Spanish swimming pool accident against the hotel and the travel agent through whom the holiday had been booked.
In the claim for compensation for a Spanish swimming pool accident it was alleged the hotel – and, by association, the travel agent – had been negligent and failed in its breach of duty by failing to take adequate precautions while guests were using the swimming pool. It was also alleged there was a lack of adequate supervision that would have prevented the accident from occurring.
The allegations were denied and a full defence entered against the claim. It was also argued that the case should be heard in Spain, rather than in Ireland, because of the location in which it took place. However, at the Circuit Civil Court, Mr Justice Raymond, heard that an offer of settlement amounting to €5,000 compensation for a Spanish swimming pool accident had been made by the two defendants.
The offer of settlement was in line with what the girl would receive if the family were to successfully bring a claim in Spain. Judge Groarke heard that the offer had been since increased to €12,500 after initially being rejected by the family and, as liability might be an issue if the case were proceed to a full hearing, the family had agreed to accept it. The judge said, in the circumstances he was happy to approve the settlement of compensation for a Spanish swimming pool accident.
