Boy who cut toe in Donegal hotel swimming pool awarded €10,000

June 26, 2024

An 11-year-old boy has been awarded €10,000 after he cut his toe in a Co Donegal hotel swimming pool.

The boy, who was then aged 6, was staying at the Redcastle Hotel in Inishowen with his family on August 13th, 2020.

The boy suffered a laceration between his toes when he caught it on a tile at the pool.

The infant ruling case for personal damages came before Judge John Aylmer at Letterkenny Circuit Court.

Barrister for the boy, Ms Patricia McCallum BL, told the court that following the incident the boy was treated at Dungannon Hospital in Co Tyrone.

Orthopaedic Surgeon, Lynch Aidan, said the boy’s injury had healed in four weeks but had limped for up to five months and also suffered a one centimetre scar on his fifth toe.

A report from psychiatrist Dr Colin O’Donnell said the boy suffered from flashbacks and avoided swimming pools.

He confirmed he was suffering from post traumatic stress disorder but that the prognosis was good.

The boy is now aged 11 years but could not attend the court as he was on holidays.

Ms McCallum said the scar was “very small” and was in a hidden area between the boy’s toes.

She outlined the various level of awards for scarring with Judge Aylmer.

She said that the dominant injury was the psychological injury caused to the boy.

Ms McCallum added that the scar was at the lowest level of the scale and that the post traumatic stress suffered by the boy was at the lower end of the scale.

Having considered the offer, Judge Aylmer said he was happy to accept the offer of €10,000 in damages and €135 is special damages.

He also awarded costs in the case.

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