Boy 'scalded from top to bottom' after pulling coffee over himself sues Dublin hotel

Daniel Jack Dugan, who was just shy of six months old at the time of the incident, sustained burns to the shoulder, chest and thigh

Daniel Jack Dugan has through his mother Lynsey Willis (pictured) sued Kingsoak Taverns Ltd with offices at Morrisons Island, Cork city and trading as the Clarion Hotel as a result of the accident. Picture: Collins Courts

A six-year-old boy who, when he was a baby claims he was scalded after he pulled a coffee pot on a hotel table on top of him has sued in the High Court.

Daniel Jack Dugan from Northern Ireland was on a mini break with his family staying at the Clarion Hotel, Liffey Valley, Dublin, when the accident happened in July 2016.

At issue in the case is where the coffee pot was placed on the hotel breakfast table. Daniel’s side has claimed the coffee was placed in an alleged precarious position at the edge of the table within grasp of the baby. 

The hotel, which has denied all claims, has contended the coffee pot was put in the middle of the table and if the baby suffered an injury, it was as a result of an unfortunate accident and not as a result of any alleged negligence by the hotel or its staff.

Opening the case, Daniel’s counsel, Micheal O Scanaill SC with Clodagh Brick BL, said the baby was just shy of six months old. He said the baby was in a car seat-type of seat on his buggy at the breakfast table.

Counsel said coffee was ordered by the parents and some members of the family went to get the buffet breakfast. When the others came back Daniel’s mother went to the buffet and was on her way back to the table when she saw the baby pull the coffee pot on top of him.

“He was scalded from top to bottom by the coffee from shoulder to arm to flank,” counsel said, and medics later said burns covered about 10% of his body.

Daniel Jack Dugan (6) of The Beeches, Killinchy, Co. Down, has through his mother Lynsey Willis sued Kingsoak Taverns Ltd with offices at Morrisons Island, Cork city and trading as the Clarion Hotel as a result of the accident at the Clarion Hotel, Liffey Valley, Dublin on July 14, 2016.

Claims

It was claimed the coffee pot was allegedly placed at the edge of the table within the grasp of the baby who then suddenly and without warning pulled it onto himself causing significant burn injuries. 

It was further claimed there was an alleged failure to manage or operate a safe hotel or breakfast room environment and the pot of coffee was placed in an allegedly inherently dangerous manner and in an allegedly precarious position on the table.

All the claims are denied and the hotel denies the coffee pot was placed in an allegedly precarious position on the table. The hotel contends that if the baby suffered any injury, then it maintains it was due to an unfortunate accident which was not caused by any negligence, wrongful act or omission on the part of the hotel or its employees.

The baby sustained burns to the shoulder, chest and thigh and he was taken by ambulance to hospital where he was given intravenous fluids and dressings and later transferred to a Belfast hospital.

Lynsey Willis testimony

In evidence, Lynsey Willis said she was returning from the breakfast buffet and had placed her plate down when she saw Daniel's hand pull the coffee pot down on him. She said her partner who was at the table was feeding their toddler.

Ms Willis said: “I could not get to it in time. It came down over the top of him. I picked him up and began running." She said her son was screaming in pain as somebody and she peeled off his clothes and that he screamed for hours afterwards.

Cross-examined by counsel for the hotel, David Nolan SC, Ms Willis said she never saw the waiter. She said she later asked her partner to ask about witnesses and CCTV. The case before Mr Justice Michael Hanna continues on Friday.