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Successful Result for Vincent Reid and Michael Devlin Solicitors

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Holidaymaker awarded €40k after losing tip of finger due to defective sun lounger

http://www.independent.ie/irish-news/courts/holidaymaker-awarded-40k-after-losing-tip-of-finger-due-to-defective-sun-lounger-31293027.html

Vincent Reid

Vincent Reid (72), a retired construction manager from Lisburn, Co Antrim, sued Topflight Ltd, the travel agency which provided the week-long package holiday for him and his wife to the Hotel Savoy Palace, Lake Garda, Italy, in August 2012.

Topflight, which was sued as organiser of the holiday under the 1995 Package Holidays and Travel Trade Act, has issued proceedings in Italy for an indemnity against the hotel as provider of the sunbed service, the High Court heard.

Topflight claimed the accident was not forseeable.

The sun lounger involved worked on the basis of armrests on either side catching in place before a person leans back on it.

Mr Reid had sat down to read a paper on the four day of his holiday, on August 29, when the sunbed almost immediately collapsed and he discovered blood pouring from his right middle finger.

Mr Justice Michael Hanna believed the accident was "eminently foreseeable" and the defendant was liable for the negligence claim under the 1995 Act. 

The fact that the lounger was liable to collapse if catching mechanisms on both arm rests were not fully engaged must have been known to staff on the ground, he said.

He was satisfied the accident involving Mr Reid was not the first time such a collapse had happened.   The court was also told that a similar accident had occurred a couple of days earlier to another Irish woman guest at the same hotel.

Mr Reid was treated at a local hospital but his finger was in a splint for around 12 weeks afterwards.

Mr Justice Hanna was satisfied he had ongoing pain with reduced movement in his finger and affecting day to day activities like gardening and DIY.

He awarded him €40,796.

Please contact Michael Devlin Solicitors if you have have suffered a similar injury or indeed any serious injury on 00353 (0) 62 80009.

Michael Devlin Solicitors specialises in Personal Injury. Michael has extensive and successful experience in this area, providing very personal attention to each client's case. Whether you have been involved in a Road Traffic Accident; a Work Related Incident; an Accident in a Public Area; or suffered injury from a Slip or Fall sustained through negligence – you may be entitled to compensation.

From the first consultation through all steps involved Michael offers an expert service that will keep you up-to-date and informed throughout the process of your personal injury claim. All queries are dealt with in the strictest of confidence.