herald

Saturday 3 December 2016

Swimmer who lost two teeth diving into pool gets €38,000

Timea Babos will require dental work every five to 10 years
Timea Babos will require dental work every five to 10 years

A woman who effectively lost two front teeth when she dived into a swimming pool that lacked appropriate "no diving" signs has been awarded €38,097 by the High Court.

Mr Justice Seamus Noonan increased the €35,000 award made last year by the Circuit Court to Timea Babos, of South Brown Street, Dublin.

The incident occurred at West Wood Club, a popular gym in Clontarf, Dublin, in November 2011.

Mr Justice Noonan said Ms Babos (32), an assistant manager at the Marker Hotel in Dublin, had put in a very modest claim and West Wood was fortunate the case had not been brought initially in a court of higher jurisdiction.

He said the signage at the Olympic-size pool which had a single depth of 1.35m was "woefully inadequate" and he did not accept West Wood's claim there was a lifeguard on duty at the time.

Unsafe

It was quite clear West Wood was negligent and there was no question of contributory negligence, he said. Ms Babos, in diving into the pool, had no reason to believe it was unsafe to do so, he said.

West Wood had appealed the Circuit Court award and argued there was contributory negligence.

A few days after the accident she returned to her native Hungary for dental treatment. She required two crowns and root canal treatment. The court was told she still has to be careful how she bites when she eats.

Mr Justice Noonan, affirming the Circuit Court order and increasing it, said Ms Babos had effectively lost her two front teeth which was cosmetically difficult for anyone but more so for an attractive young woman.

She would require to have the crowns replaced every five to 10 years and they would never be as good as the natural teeth, he said.

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