Claims News

Compensation Claim for an Accident in a Health Club Resolved at Court

Posted on: May 13th, 2015

A compensation claim for an accident in a health club has been resolved at a court hearing, after which the plaintiff was awarded €30,000 compensation.

Thirty year old Timea Babos – a hotel supervisor from Dublin – was on a visit to the West Wood Health Club when, on 13th November 2011, she decided to go for a swim in the club´s pool after coming out of the sauna. Only intending to swim a few lengths, Timea dived straight into the swimming pool. However, the depth of the water in the pool was only 1 metre 35 centimetres and Timea hit her face on the bottom when she dived in.

Timea broke her two upper front teeth when she hit the floor of the swimming pool and – as there was nobody around to help her – she had to make her way to the club´s reception alone to report her accident and complete an accident report form. With her mouth still bleeding from the accident, Timea attended her doctor´s surgery, where she was treated for her injuries and prescribed painkillers.

Two weeks later, Timea flew to Hungary to have crowns fitted to her broken teeth and on her return she sought legal advice from a solicitor. Timea then made a compensation claim for an accident in a health club; but the West Wood Health Club denied its liability for her injuries and contested the claim on the grounds that Timea had been negligent by diving into a swimming pool without first checking it was safe to do so.

With liability denied, the Injuries Board issued Timea with an authorisation to pursue her compensation claim for an accident in a health club through the courts; and this week the case was heard at the Circuit Civil Court before Judge Jacqueline Linnane.

Judge Linnane was told by a forensic engineer that there were inadequate markings around the perimeter of the swimming pool to warn guests that it was unsafe to dive in. He also commented that the swimming pool was unusual in design as it had a constant depth throughout and had no deep end.

After dismissing the West Wood Health Club´s argument that Timea had contributed to her accident through her own lack of care, Judge Linnane awarded Timea €30,000 in settlement of her compensation claim for an accident in a health club.



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