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Bath leak family win €13k for stress

A leak in an upstairs bathroom forced a family to move furniture in the TV room directly below it every time somebody needed a shower.

Carmel Reynolds said in the Circuit Civil Court that she, her husband Tom and their children had to remember to move the couch away before having a shower as a leak in the bath seeped into the ceiling and the wall into the lounge area.

The court heard that the Reynoldses engaged Always A Helping Hand Ltd in April 2007 to renovate their bathroom suite and install an electric shower at their home at Pinewood Court, Hunstown, Mulhuddart, Dublin, for €3,000.

Mrs Reynolds told her barrister John Dunne that the leak occurred shortly after the suite was installed. The company had carried out repair work, but the leak persisted.

Mr Justice Matthew Deery was told the water leaked through the bathroom floor down to the ceiling of the TV lounge and the dining area of the kitchen, causing paint and plaster to chip and flake away and water stains on the ceiling.

Mr Dunne said the company came back up to five times since the installation. The court was told the repair works would amount to €14,000.

Ms Reynolds and husband Tom sued Always A Helping Hand, of Coolmine Industrial Estate, Dublin, for this sum and also for stress, inconvenience and disturbance.

Company director Mark Quinn denied negligence. He told the court he acknowledged a leak occurred in 2007, but it was resolved at that time.

Mr Quinn said the ongoing leak originated from an en-suite bathroom the Reynoldses were not using because it was leaking before the 2007 work.

Judge Deery said the Reynoldses tried to get the matter addressed. He awarded them €13,000 for the work to be carried out and for their inconvenience.