Ms Timea Babos filed a personal injury lawsuit in Dublin Circuit Court against West Wood Club alleging that she suffered the loss of her two front teeth, needed dental procedures, and will need future dental procedures as a result of diving into a pool. Ms Babos dived into the pool, which had no sign posted against diving, and was hurt because that end of the large pool was shallow. Ms Babos was initially awarded €35,000. That amount was increased to €38,097 by the High Court after West Wood Club appealed the decision.
West Wood Cited Contributory Negligence
West Wood Club argued that the injury suffered by Ms Babos occurred in part due to her own negligence and entered the pool in a manner that was unsafe. Justice Seamus Noonan declared that the signs present at the West Wood Club pool were “woefully inadequate” and he did not believe that there was a lifeguard on duty during the time of Ms Babos’ injury.
No Indication of Danger
Ms Babos was represented by Hugh Mohan SC along with Tiernan & Co. Solicitors. She testified that she had never swam in the pool and did not know that one end of the pool was less than the posted depth of 1.35 m. Since the pool was considered an Olympic size pool and had no signs stating that people should not dive, Ms Babos dived into the pool.
As a result of the accident, Ms Babos lost her two front teeth, needed a root canal and a crown. Ms Babos will also need future dental work since crowns must be replaced every five to ten years. Justice Noonan stated that the injury and need for future dental work would be hard for anyone, but especially for a young, attractive lady.
High Court Increases Award
At the end of the appeal hearing, Justice Noonan increased the award amount in order to assist Ms Babos with future dental care and to compensate her for the cosmetic damage that she experienced as a result of the accident.
Were You Hurt Through No Fault of Your Own?
Were you hurt through no fault of your own? If you believe that you may have a claim for personal injury, contact Tiernan & Co Solicitors right away. Our solicitors can help you protect your legal rights and get you the compensation that you deserve for your injuries.
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