Court Settles Claim for Waitress Injury Compensation

by | Apr 8, 2016

A hearing of the High Court has settled a claim for waitress injury compensation, made by a woman who suffered a severe thumb injury when a jug shattered.

In December 2007, Sophie Caillaud – a French national with an address in Leitrim Village – suffered a deep laceration in her right thumb, when a glass jug she was filling at the luxury Lough Rynn Hotel in Mohill, Country Leitrim, shattered in her hand.

Forty-two year old Sophie, who was working as a waitress for the hotel at the time, had to undergo an operation to repair the soft damage tissue in her thumb, but has never been able to work as a waitress again as the thumb has never regained its strength.

After seeking legal advice, Sophie made a claim for waitress injury compensation against her former employer – Lough Rynn Castle Ltd. – and the two companies that manufactured and supplied the jugs to the hotel – Bunzl Outsourcing Ltd and Utopia Tableware Ltd.

Sophie alleged in her claim for waitress injury compensation that the jugs used in the hotel were not fit for purpose, that other staff members in the restaurant previously suffered injuries due to the glass shattering and that the jugs should have been withdrawn from use.

The three defendants contested the legal action on the grounds of how much compensation was being claimed for Sophie´s injuries. The hotel also argued that Sophie had contributed to the cause of the accident due to her own negligence.

Consequently the claim for waitress accident compensation went to the High Court, where it was heard by Mr Justice Kevin Cross. At the hearing, Judge Cross was presented with evidence that the joint between the thick handle and the thin glass of the jug was liable to be fragile if subjected to rapid heating and cooling – such as when used in a dishwasher.

When the defendants presented no evidence to contradict the expert evidence, Judge Cross found in Sophie´s favour – dismissing allegations that Sophie had contributed to the cause of her accident and was exaggerating her injuries and awarding her €500,000 in settlement of her claim for waitress accident compensation.

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