€20,000 payout over ‘explosion of raw sewage’

A MOTHER and son whose bathroom was splattered in “an explosion of raw sewage” have been awarded €20,000 damages against Fingal County Council and Irish Water.

Barrister Andrew Walker, counsel for Patricia Powell and her son Sean, told the Circuit Civil Court yesterday that both of them had suffered personal injuries as a result of “the explosion”.

Judge Francis Comerford heard that the mother and son were at home in Hayestown, Rush, Co Dublin, on August 19 2015, when maintenance work was being carried out on the local drainage and sewage system by the defendants in the area.

The court was told that suddenly there was “an explosion of raw sewage up through the toilet” and that it spread all over the floor, walls, bath and hand basin.

Mr Walker, who appeared with Dermot McNamara Solicitors, told Judge Comerford that Ms Powell and her son had to clean up the mess as best they could and then had to arrange for a contract cleaning company to carry out further work.

The judge heard that a very strong smell remained in Ms Powell’s home, forcing them to move out.

Ms Powell and Sean, now living at Hampton Cove, Balbriggan, Co Dublin, sued the county council and the water utility for up to €60,000 damages for psychological distress and trauma, expenses and house relocation charges.

Ms Powell and her son had attended their family doctor.

Judge Comerford awarded Ms Powell €12,000 damages and her son €8,000 damages, and their costs.

He said they were entitled to compensation for nuisance as well as a degree of damages for personal injury arising from the incident.