High court reporters
A six-year-old boy who, when he was a baby claims he was scalded after he pulled a coffee pot on a hotel table on top of himself has settled a High Court action for €48,500.
Daniel Jack Dugan from Northern Ireland was on a mini break with his family staying at the Clarion Hotel, Liffey Valley, Dublin when the accident happened in July 2016.
At the opening of the case his counsel Micheal O’Scanaill SC said the baby was "scalded from top to bottom by the coffee, from shoulder to arm to flank," and medics later said burns covered about 10 per cent of his body.
On the second day of the hearing on Friday, the High Court was told the case had been settled. The settlement is without an admission liability.
Mr O Scanaill SC with Clodagh Brick BL told the court that on the morning of the accident the boy who was only six months old was sitting in a buggy which had a car seat attachment, so he was level with the table where the family were having breakfast.
Liability he said was very much at issue in the case which he said was an "all or nothing case".
Coffee pot
At issue in the case was where the coffee pot was placed on the hotel breakfast table. Daniel’s side claimed the coffee was placed in an alleged precarious position at the edge of the table within grasp of the baby.
The hotel which denied all claims contended the coffee pot was put in the middle of the table and if the baby suffered an injury, it was as a result of an unfortunate accident and not as a result of any alleged negligence by the hotel or its staff.
Daniel Jack Dugan(6) of The Beeches, Killinchy, Co Down had through his mother Lynsey Willis sued Kingsoak Taverns Ltd with offices at Morrisons Island, Cork city and trading as the Clarion Hotel as a result of the accident at the Clarion Hotel, Liffey Valley, Dublin on July 14th, 2016.
It was claimed the coffee pot was allegedly placed at the edge of the table within the grasp of the baby who then suddenly and without warning pulled it onto himself causing significant burn injuries
It was further claimed there was an alleged failure to manage or operate a safe hotel or breakfast room environment and the pot of coffee was placed in an allegedly inherently dangerous manner and in an allegedly precarious position on the table.
All the claims were denied, and the hotel denied the coffee pot was placed in an alleged precarious position on the table. The hotel contended that if the baby suffered any injury, then it maintained it was due to an unfortunate accident which was not caused by any negligence wrongful act or omission on the part of the hotel or its employees.
On the second day of the hearing, Mr O’Scanaill SC told Mr Justice Paul Coffey the hotel was very busy and there was 120 people booked in for breakfast on the morning of the accident. He said the parents had ordered coffee, but he said they could not say they saw the coffee arrive at the table.
He said the boy’s scarring has improved very dramatically.
Approving the settlement, Mr Justice Paul Coffey said the scalding was of a very serious and alarming nature and he said the parents must have been hugely traumatised as well.
The judge said he was satisfied, because the litigation risk in the case was very great in relation to liability, to approve the offer, which he said was fair and reasonable. Mr Justice Coffey wished Daniel and his family the very best.
