A boy who slipped and suffered a laceration to his shin as he walked near two swimming pools in a holiday complex in Tenerife has settled his High Court action for €20,000.
Edward D’Arcy, of Beechfield Estate, Castaheany, Dublin, had, through his mother Veronica D’Arcy, sued tour operator Adehy Limited trading as Falcon Travel Shop.
Mr Justice Garrett Simons was told that Edward, then aged eight, and his family were on day 12 of their two week package holiday in Tenerife in July 2015 when the accident happened.
He was crossing an area between a pool for infants and another pool when he slipped and fell forward. His right shin hit the nosing of the step into the infants’ pool.
It was claimed water had been walked out of the two pools when others were moving between them. It was also claimed that the tiles in the area where the accident happened were inappropriate.
Unfortunate accident
A full defence was filed where all the claims were denied and it was contended that the tiles in the pool area were appropriate and the child’s slip was simply an unfortunate accident .
Edward was brought to a medical clinic in Tenerife and his wound was cleaned and dressed. On his return to Ireland, he attended hospital and the wound, which took about two months to heal, was successfully treated. The boy has a small scar but has no functional problems, the court heard.
Approving the settlement, Mr Justice Simons noted the potential issue in relation to liability in the case and said that Edward, now aged almost 14, had made a good recovery. The scar is minor and in a location that was not obvious, the judge added.