€25,000 award after shampoo dispenser fell on man’s toe in luxury hotel

26 July 2021

A 38-year-old building site foreman, who had to quit golf and football after a shampoo dispenser crushed one of his big toes, has been awarded €25,000 damages against a top Dublin hotel.

Judge James McCourt said in the Circuit Civil court that Mark Gallagher had been having a shower in the gym at The Marker Hotel in Dublin’s Docklands when the dispenser fell from its wall fitting and struck him on his right big toe.

“Although he has been greatly discommoded by his injury he hasn’t made a song and dance about it and is now doing a more sedentary job within the building trade,” Judge McCourt said.

Barrister Conor Kearney, for Gallagher, told the court Mr Gallagher lives in Cashel, Achill Island, Co Mayo, and travels up and down to his work in Dublin.

Mr Kearney, who appeared with Tiernan Solicitors, said Mr Gallagher had been using the gym in the hotel at Grand Canal Quay, Dublin, on 9th March 2017 when the accident happened.

Judge McCourt, assessing damages in the case in which liability was conceded, said medical reports revealed that prior to the accident Mr Gallagher had suffered from undetected arthritis in his right big toe. The arthritis had been exacerbated by the shampoo dispenser striking it and causing a crush injury.

The judge said Mr Gallagher’s medical advisers believed it may be necessary for him to undergo a fusion procedure on his toe.

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