A child who hurt his lip when he fell against a bed in a four star hotel room has settled his High Court action for €40,000.
Nicholas Fitzgerald has two scars around his lip area as a result of the accident in November 2016 at The d Hotel, Drogheda, Co Louth, where the child, then aged almost two, was on a family break with his parents.
His counsel, Luan O’Braonain SC, said the boy took a tumble in the hotel room and his face struck the sharp corner of the bed which had a wooden frame and no protection on the corners.
He said the boy hurt his lip and had to be taken to hospital and later had to have sutures inserted under anaesthetic. Counsel said liability was at issue in the case.
Now aged six, the child, of Dalkey, Co Dublin, had, through his mother Sharon Fitzgerald sued Niche Hotels Unlimited Company the owners and operators of the d Hotel, Marsh Road, Lagavooren, Drogheda, as a result of the accident about 9.30pm on November 1st, 2016.
It was claimed there was failure to ensure the family room was appropriately furnished for families with young children and to ensure the corners of the family room bedframe did not present an unnecessary or unreasonable danger to young children.
The room, it was claimed, was not suitable for use by families with young children.
The claims were denied and it was alleged there was contributory negligence on the part of the boy’s parents in allegedly failing to take any adequate care for their son’s safety.
It was claimed the parents failed to keep their child in an infant carrier while in the room and failed to keep him within their sight when he was moving around the room .
Mr Justice Kevin Cross examined the child’s scars and was told they are permanent scars.
Approving the “very good” settlement, the judge said the boy had made a very good recovery and he was sure he will put the incident behind him.