Thursday 30 March 2017

Girl (6) who broke her wrist on holiday in Spain awarded €14k

Costa Del Sol
Costa Del Sol

Saurya Cherfi

A six-year-old schoolgirl, who broke her left wrist while on holiday in a hotel resort on the Costa del Sol, has been awarded €14,000 damages in the Circuit Civil Court against tour operators.

Barrister Conor E. Byrne told the court that in June 2014, Sophia Budhe was on a package holiday with her parents in Spain and the accident happened on the second day. 

Mr Byrne said Sophia had tried to get on a chair which was being used by children to access a free soft drinks dispenser near the pool area of the hotel. 

The court heard the chair was slippery and Sophia slipped from the chair and fell on her outstretched left arm.  Her wrist had begun to swell the following day. 

She had been taken to the Emergency Department of a local hospital in Benalmadena the next day and following an X-ray a soft cast was applied to her wrist.

Circuit Court President Mr Justice Raymond Groarke was told that Sophia, of St John’s Parkwest, Clondalkin, Dublin, attended Tallaght Hospital in Dublin when she returned to Ireland.

A further X-ray had been carried out and an above elbow plaster back slab was applied to her arm, which she had needed to wear for several weeks.

Mr Byrne told Judge Groarke that the rest of the family’s holiday was ruined by the accident, as Sophia’s parents had saved money for it for some time and had chosen that particular resort because it was aimed at children.  

Through her father Amar Budhe, Sophia sued for negligence tour operator Linevana Ltd, of Lower Liffey Street, Dublin, and also TUI UK & Ireland, owner of Falcon Holidays in Ireland, with an address in Luton, England.

Mr Byrne, who appeared with Paul W. Tracey Solicitors, told the court the defendants had made a €14,000 settlement offer, which he recommended to the court. 

Judge Groarke, hearing that Sophia had fully recovered, approved the offer.

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