Woman seeks to sue over fall during Spanish holiday
Holiday-maker claims she broke her wrist when she slipped on dining room floor
A woman who claims she fell on an allegedly wet hotel dining room floor while on holiday in Spain has been given permission by the High Court to serve short notice of intended proceedings on the liquidators of the USIT travel agency.
Mary Larkin (68), Rathjarney, Piercetown, Drinagh, Co Wexford, wants to sue USIT Ireland Ltd, in liquidation, formerly trading as COGO Travel.
As USIT was wound up earlier this year and Kieran Wallace and Andrew O’Leary of KPMG appointed as liquidators, she requires High Court permission to bring her action under companies legislation.
On Thursday, Mr Justice Senan Allen granted Robert Kerslake BL, for USIT, permission to serve short notice on the liquidators of the application for permission to bring proceedings.
The “short service” application to Mr Justice Allen was made on a one-side only represented basis.
It is claimed the fall occurred in the Hotel Siroco, Benalmadena, Costa de Sol, on October 12th, 2018 shortly after Ms Larkin and her husband had arrived for a seven-night group package holiday organised by the Piercetown Active Retirement Association.
It is alleged Ms Larkin broke her left wrist just after she entered the dining room for a meal at around 11.30pm when she slipped on an allegedly wet and slippery floor.
It is alleged USIT, as organiser, was liable for the alleged negligence under the Package Holidays and Travel Trade Act, 1995.
Permission to bring proceedings must be obtained within two years of the accident, a deadline which is due to expire next Sunday.