An 11-year-old boy who suffered a brain injury in a near drowning accident in a hotel pool has settled his High Court action for €2.5 million.
The child, who was not able to swim when the accident happened in a hotel seven years ago, suffered the brain injury after he was found submerged in the pool on Christmas Eve.
The boy, who cannot be named by order of the court, had been on a Christmas break with his mother and grandmother when the accident happened.
His counsel, Liam Reidy SC, told the court the boy was on a Christmas holiday and the family had gone to the swimming pool which was in a separate building to the hotel.
Counsel said the boy could not swim, and he was in the children’s pool and in the main pool with his mother.
Submerged
Counsel said CCTV footage showed the child had joined the mother in the main pool on one or two occasions, and she led him back to the children’s pool.
Counsel said the boy was in the children’s pool when the mother got out of the main pool to get dressed, and she thought he would follow her.
The boy’s grandmother he said was poolside and “momentarily could not see him.”
The court was told the child was found submerged in the hotel swimming pool by the father of another child, and he was resuscitated and transferred by helicopter to Temple Street Children’s Hospital.
He spent nine weeks in Temple Street and later transferred to another hospital for a prolonged stay.
Lifeguard
The boy, who is now 17 years old, had through his mother sued the hotel owners as a result of the accident on December 24th, 2014.
It was claimed that while using the swimming pool, the boy suffered a near drowning accident. It was claimed there was an alleged failure to take any adequate precautions for the safety of the child while using the pool and an alleged failure to have a lifeguard on duty at the time he was in the pool.
It was further claimed there was an alleged failure to notice that the boy had got into difficulties in the swimming pool. All the claims were denied.
Mr Reidy told the court the issue in the case was whether there should have been a pool attendant and the hotel would allege that the mother had allegedly signed a document saying she was taking full responsibility for her son in the pool.
Counsel said the child was also with his mother and grandmother and 11 years of age at the time.
Mr Reidy said the boy had a mild learning difficulty before the accident and now has a moderate difficulty.
Counsel said the boy has made a remarkable physical recovery and can now walk unaided. He said the €2.5 million settlement represents half the value of the case.
Approving the settlement, the judge said he shared the grave concerns of counsel if the case proceeded to trial, and he had no hesitation in approving the settlement.
