A seven year old child suffered severe brain damage after he nearly drowned in a swimming pool. The young boy was with his father and brother at the time. He was not wearing arm bands and could not swim. The accident occurred as he strayed into deep water that was not supervised by a lifeguard.

The company that operated the pool (UB) were prosecuted for failing to ensure that persons not in their employment were not exposed to risks to their health and safety. UB argued that the risk of drowning to the young boy resulted from his inability to swim, his height, the lack of supervision by his father and the absence of any buoyancy aids to keep him afloat.

The court found that the father did not provide adequate supervision to his son but this did not give UB a defence. UB were under a duty not to expose the young boy to any risk to his health or safety arising out of the way the pool was run and managed, so far as practicable. UB could reasonably expect that young children would be properly supervised by a responsible adult but they must also recognise that even with parental supervision there will be times where young children escape.

UB were found to be criminally liable for the young boy’s injury and their subsequent appeal failed. Where a parent breaches their duty to supervise their child at a swimming pool, it does not mean a swimming pool operator is excused from responsibility when a child suffers severe brain damage as a result of nearly drowning. 

If you are injured in premises open to the public and someone else is at fault it is important that you take legal advice at the earliest opportunity.

If you think you may have a claim, contact our specialist personal injury lawyers for immediate advice. Call Actons Solicitors free on 08081 355 355 or click here to start your claim now.