Video of teenager hurt in gym used for staff training ‘without consent’

A Dublin teenager who suffered an electric shock while getting out of a jacuzzi was, unknown to her parents, used in a training video shown to staff at the gym where the accident happened, a court was told on Wednesday.

Circuit Court President Mr Justice Raymond Groarke said he would be very upset if it was proven to the court that Róisín Moore (16) was clearly identifiable in CCTV footage used for such a purpose.

Conor Kearney BL, counsel for Róisín, of Temple View Copse, Clarehall, said his client had suffered a very frightening electric shock due to the presence of a faulty floor light and had been thrown several metres back into the jacuzzi at Sportslink in Swords.

Róisín's mother, Melissa Boxwell, told the Circuit Civil Court in a sworn statement that her daughter was in her swimsuit and had just stepped from the jacuzzi when she received "a severe electric shock."

Ms Boxwell said Róisín had been brought to the emergency department of Temple Street Children's Hospital where she had been treated for spasm in her body and hand. Since the accident she had complained of chest pain and palpitations and cramps in her legs. She went to school the following day but found she suffered cramp in her right leg during physical exercise.

Aggravated

Mr Kearney said Róisín and her mother had been upset to find that the gym used the CCTV footage of the incident for training purposes without their consent and in his view this could lead to a finding by a trial judge that the gym had aggravated the situation with the potential for punitive damages.

He said Sportslink had made a settlement offer of €15,000 to include legal costs with an extra €1,000 for special damages but he was not recommending it to the court because of concern there might be ongoing psychological injuries arising from what had been a very frightening accident.

Judge Groarke adjourned an application for the court’s approval for five weeks to allow for further talks with the defendant.

“I would be very upset if I felt that CCTV was used in a situation where Róisín was videoed in her swimwear for staff training purposes,” Judge Groarke said. “That would considerably enhance any settlement the court might be asked to approve.”