Girl (10) awarded €37,500 for hot chocolate burns

A 10-year-old girl has been awarded €37,500 in damages after being scalded by a takeaway hot chocolate four years ago.

Kaya Caulfield, suing through her mother Leann Kelly, of 21 Ard Mhicil, New Ross, brought the civil action against Cillgarman Ltd, trading as O’Brien’s Sandwich Bar, South Street, New Ross.

Wexford Circuit Civil Court heard how Leann Kelly had purchased a takeaway hot chocolate for her daughter Kaya at O’Brien’s Sandwich Bar. Kaya, who was six at the time, suffered burns when the hot chocolate spilt as she sat in her mother’s car. Counsel Grainne Fahy, instructed by solicitor Martin Lawlor, told the court the spillage occurred as the lid was not properly secured to the takeaway cup.

Ms Fahy said Kaya was taken to the Care Doc and from there to Waterford Regional Hospital. She was subsequently rererred to Our Lady’s Children’s Hospital in Crumlin where she was admitted under the care of Consultant Thomas O’Reilly.

On admission, Ms Fahy said Kaya was noted to have 2% superficial scalding to the medial aspect of both thighs. Her wounds were dressed and she was an in-patient for 48 hours.

Ms Fahy said that thankfully the scar had healed and is no longer visible. It was a very fortunate outcome to what was was a really nasty burn, she said

Judge Alice Doyle was told that an offer of €37,500 with €900 special damages plus costs had been made by Cillgarman Ltd’s insurance company.

Judge Doyle said she would accept the offer, awarding Kaya the full amount.