Posted: April 12th, 2016
Dublin’s High Court have awarded a waitress in a hotel a compensation settlement of €500,000 after deeming that the crockery she was asked to use was unfit for purpose.
Sophie Caillaud – aged forty-two – was working at the Lough Rynn Hotel in Mohill, Co. Leitrim when the accident occurred. As she was filling up a glass jug, it shattered in her hand, causing a deep cut to her thumb.
Shortly after the accident surgery was performed on the digit to try and help repair any soft-tissue damage sustained. However, Sophie has still not been able to regain full strength in her thumb and as such now experiences difficulty engaging in daily tasks.
During her recovery, Sophie sought legal counsel before proceeding to make a claim for compensation against the Lough Rynn Hotel, her employers. She additionally made a claim for compensation against the Utopia Tableware Ltd and Bunzl Outsourcing Ltd, the two companies that supplied and manufactured the glass jug that caused Sophie’s injury.
However, the defendants argued that Sophie was negligent in her actions, and that she caused her own injuries. They also disputed the amount of compensation being sought, claiming that it was too high for the injuries that she sustained.
As the case was not resolved through negotiations or intervention from the Injruies Board, it proceeded t the High Court in Dublin. There, it was overseen by Mr Justice Kevin Cross, who was told that other staff members at the hotel had previously been injured in similar incidents involving the same glass jug.
Testimony was given from an expert witness, who explained that the joint between the handle and the jug was weakened by repeated hot-and-cold cycles in the dishwasher. As such, he confirmed that the jugs were not fit for purpose.
After Sophie gave evidence at the hearing, judge cross dismissed the allegations made that she had either acted negligently or exaggerated her injuries. Before awarding her a €500,000 compensation settlement, he commented that he had found Sophie to be “entirely genuine”.
Categories: Work Injury Claim