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Home   Ashford   News   Article

Ashford boy Toby Corps could get £50k in compensation after eyeball injury while playing darts on holiday in Tunisia

07 December 2013
by Suz Elvey
Darts

Toby Corps was hit in the eye with a dart on holiday

An 11-year-old boy from Ashford could receive more than £50,000 in compensation after being hit in the eye by a dart.

Toby Corps, of Hillbrow Lane, had to undergo surgery as a result of the accident, which happened while he was on holiday with his family in Tunisia more than five years ago.

Toby, then aged five, was one of a group of about 12 children playing a game of darts - organised by hotel staff - when another child threw a dart towards him.

The dart pierced his left eyeball and he had to have surgery to have a cataract removed. He also suffered a detached retina.

His father, Paul Corps, launched High Court proceedings against holiday company Future Travel and the case has now been heard in London.

In court documents, Toby's barrister Clara Johnson said the ill-fated holiday at the three-star Dar Khayam Hotel, in Hammamet, in April 2008 cost the family £570.

She said: "On April 11, 2008, Toby was playing in a game of darts at the hotel organised by the 'animation team'. Approximately 12 children were involved in the game. One, or a maximum of two, of the animation team were supervising.

"The dartboard had been placed against a tree. The children took it in turns to throw darts at the board. One participant whose name is unknown took his turn. When he had finished he went to retrieve the darts. Toby was then called up by a member of the animation team to take his turn.

"As he waited the other child threw a dart towards him, which hit him in the left eye."

Lawyers claim Toby will continue to suffer symptoms that could affect his education and employment potential.

Tunisia

Ashford boy Toby Corps was on holiday in Tunisia when the accident happened

Mr Corps said Future Travel had sold the family the holiday as a package deal and was legally responsible to pay compensation.

Lawyers also sued youtravel.com, the agency that supplied the family's accommodation at the hotel.

Future Travel continues to deny liability, but Mr Justice Bean heard youtravel.com had admitted responsibility for what happened, guaranteeing Toby substantial compensation for his injuries.

"As he waited the other child threw a dart towards him, which hit him in the left eye..." - lawyer Clara Johnson

Miss Johnson claimed staff organising the game "failed to provide any instruction whatsoever to the children on how to use or retrieve or return the darts properly and safely", "failed to warn the children specifically that darts could cause injuries", and "failed to organise or implement any reasonably safe system for playing the game".

At the hearing, Charles Scott, the barrister acting for Future Travel, said the company continued to deny liability on the basis the holiday was not sold as a package.

He also said the company should not have to bear any of the costs of the case given the admission of liability by the other defendant.

Mr Justice Bean said another High Court hearing might be necessary to decide that issue.

Outside court, Miss Johnson said negotiations were ongoing as to the exact level of Toby's payout, but court papers valued his claim at "more than £50,000".

Mr Corps later said: "This has been a very stressful and upsetting six years."

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