A teenager who suffered a brain injury in a swimming pool accident has settled his High Court action for €2.5million.
The youngster, who was 11 at the time and couldn’t swim, was found submerged in a hotel pool. It was claimed there was no lifeguard on duty at the time.
The boy cannot be named by order of the court as his lawyer claims he comes from an area where such a sum of money could attract a lot of attention.
The boy’s counsel, Liam Reidy SC, told the court the boy was on a winter break with his mother and grandmothers.
He told of how the family had gone to the hotel swimming area where CCTV footage showed the child joined the mother in a main pool on one or two occasions and her leading him back to a 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 beside the pool and “momentarily could not see him”.
The child he said was found submerged in the hotel swimming pool by the father of another child and he was resuscitated and transferred by helicopter to hospital where he stayed for several weeks.
The boy, who is now 17 years old, had through his mother sued the hotel operator as a result of the accident that occurred on a date in December, 2014.
It was claimed the boy nearly drowned and that safety measures at the pool were inadequate with no lifeguard on duty, which the hotel denied.
Mr Reidy told the court the issue 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 boy has made a remarkable physical recovery and can now walk unaided.
Approving the €2.5million settlement, Mr Justice Paul Coffey said he had grave concern if the case proceeded to trial and he had no hesitation in approving the settlement.
