A hotel waitress who injured her hand after a glass jug which she was filling shattered has been awarded €500,000 damages by the High Court.
Sophie Caillaud suffered a very significant injury which had altered her life and the jugs being used were unsuitable for use in the catering trade, Mr Justice Kevin Cross found.
The €500,000 damages award includes €195,000 special damages, including some €13,000 for an automatic car; €1,000 a year for a weekly €20 wash and blow dry at hairdressers and €39 every three months for hair colouring. Some €2,000 per annum was also included for six hours home help weekly.
The French woman was working as a waitress on the breakfast shift in the luxury Lough Rynn Hotel in Mohill, Leitrim in December 2007 when, as a result of the shattering of the jug, she sustained a deep laceration to her right thumb which bled profusely. She later had to have an operation and wear a splint.
Ms Caillaud (42), Shannon View, Leitrim Village, Leitrim, sued Lough Rynn Castle Ltd, Elphin, Co Roscommon, owner of the hotel and two English companies - Bunzl Outsourcing Ltd, Seymour Street, London and Utopia Tableware Ltd, Chesterfield - who produced the jug.
She told the court the bottom of the jug “exploded” and she suffered a deep laceration at the base of her right thumb. She claimed she has been left with a loss of strength in her right hand and could not resume work as a waitress.
She said she still feels pain in her hand over eight years after the incident.
In his judgment, Mr Justice Cross said he accepted Ms Caillaud’s evidence that complaints were made by hotel staff previously as to the shattering of water jugs but nothing was done.
Engineering evidence on behalf of Ms Caillaud found a number of broken jugs, which were examined, were not suitable for catering use as they contained an unusually thick handle. The joint with the thin glass of the jug was liable to be fragile and unsafe if subjected to rapid heating and cooling such as prolonged dishwasher use in the catering trade, he said.
No engineering evidence was offered by the other side, he noted.
He found hotel management were or ought to have been aware of the complaints about breakages and ought to have been put on alert and removed the jugs as unsuitable.
The jug suppliers supplied the jugs to the hotel as being suitable for use in the catering trade when according to all the evidence they were not, he said.
Mr Justice Cross said he had observed Ms Caillaud, believed she was entirely genuine and any suggestion she was exaggerating her complaints was “entirely without foundation”. There was no question of contributory negligence by Ms Caillaud, he held.
He assessed general damages for pain and suffering to date and into the future at a total of €170,000. He also allowed €135,000 for loss of earnings because Ms Caillaud, who has since graduated in fine art, had not worked since the incident.
On the application of Jim O’Callaghan SC, for the defendants, the judge granted a stay in the event of an appeal provided €300,000 was paid out immediately to Ms Caillaud.