An eight-year-old 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, Beechfield Estate, Castaheany, Dublin had through his mother Veronica D’Arcy sued the tour operator Adehy Limited, trading as Falcon Travel Shop.
Mr Justice Garrett Simons was told that Edward and his family were on day 12 of their holiday in Tenerife when the accident happened in July 2015. The family were on a two-week package holiday to Tenerife.
The boy was crossing an area between the infants pool and another pool when he slipped falling forward and his right shin hit the nosing of the step to the infant’s pool.
It was claimed water had been walked out of the two pools by other people moving between the pools and that tiles in the area of the accident were allegedly inappropriate.
A full defence was filed in the case 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 where his wound was cleaned and dressed. On his return to Ireland, he attended hospital and the wound was successfully treated conservatively and took about two months to heal.
The court heard the boy has been left with a small scar but has no functional problems.
Approving the settlement, Mr Justice Simons noted the potential issue in relation to liability in the case and said the boy who is now almost 14 years of age had made a good recovery.
The scar the judge said was minor and in location which was not obvious.