A WOMAN exposed to excessive ultra violet radiation on a sunbed has been awarded £30,000 damages for personal injuries against a former solarium owner.
Judge Esmonde Smyth held that the over exposure had triggered the skin condition lupus erythematosus in Ms Leona Ivers, a mother of two, of The Crescent, Melrose Park, Kinsealy, Co Dublin.
He told her counsel, Mr Michael Cush, he was satisfied the injuries had resulted from the negligence of Ms Monica Avery, trading as New Image Hairdressers, of Seamount View, Malahide Road, Swords.
Judge Smyth said Ms Ivers had suffered painful rashes and spotting on her face, neck, chest, arms, back and legs following two sunbed sessions in 1991. She was still suffering from the injuries today and possibly into the future.
He said she had spent 12 days in hospital and was still required to use cream and medication to control the condition. She was unable to go out in natural sunshine without factor 25 to 30 protection or long sleeved clothing. She was also unable to play in the sun with her children.
Judge Smyth held Ms Ivers had not been properly warned of the dangers of over exposure to ultraviolet radiation, and there had been no proper monitoring of the periods she spent on the sunbed. He considered a questionnaire type consent form which she had signed as "a nonsense" in the absence of proper warnings.
Mr James McArdle, counsel for the defendant, was granted a stay to facilitate an appeal to the High Court on condition that £10,000 be paid out immediately to Ms Ivers.