The High Court has awarded a woman €500,000 compensation for a waitress hand injury after finding jugs used in a hotel breakfast bar were unfit for purpose.
Sophie Caillaud (42) claimed compensation for a waitress hand injury after suffering a deep cut in her thumb when a glass jug she was filling at the Lough Rynn Hotel in Mohill, County Leitrim shattered in her hand.
Sophie underwent surgery to repair the soft damage tissue in her thumb but, due to the thumb failing to regain its strength, Sophie has been unable to return to waitressing since her accident – the injury also affecting her ability to perform day-to-day activities.
After seeking legal advice, Sophie claimed compensation for a waitress hand injury against the hotel and the two companies that manufactured and supplied the glass jugs to the hotel – Bunzl Outsourcing Ltd and Utopia Tableware Ltd.
The defendants contested the claim for compensation for a waitress hand injury due to the amount that was being requested and because, it was argued, that Sophie had contributed to the cause of her accident through her own negligence.
As the claim could not be resolved through the Injuries Board process or through negotiation, the case went to the High Court, where it was heard by Mr Justice Kevin Cross. At the hearing, Judge Cross was told that staff members had previously reported injuries due to the glass jugs shattering.
Judge Cross also heard testimony from an expert, who explained that the rapid cooling and heating of the jugs when used in a dishwasher weakened the joint between the jug´s thick handle and its thinner body. The expert concluded that the jugs were unfit for purpose.
After hearing evidence from Sophie, the judge also dismissed the allegations of contributory negligence and suggestions that Sophie was exaggerating her injuries. Commenting he found Sophie to be “entirely genuine”, Judge Cross awarded her €500,000 compensation for a waitress hand injury.