Mr. Justice Seamus Noonan dismissed the appeal made by Westwood Club against an award of swimming pool injury compensation of €30,000, which was made to a 32 year old Plaintiff who dived into the Westwood Pool in November 2011 and broke two of her front teeth. The original hearing was before Judge Jacqueline Linnane at the Circuit Court in May 2015.
The Plaintiff claimed that the pool was only 1.35m throughout, as opposed to the normal depth of 2m at one end. There were no signs warming guests not to jump or dive, so the Plaintiff reasonably assumed that it was safe to dive.
At the appeal, Westwood Club claimed that the Plaintiff had not checked how deep the pool was before diving in and also that there were lifeguards on duty at the time of the accident.
The appeal was dismissed and given the fact that the Plaintiff has had to attend a dentist in Hungary to fit crowns to her broken teeth and will have to return for replacement crowns every 5-10 years, he increased the award to €38,097.
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