The claimant sought damages after being injured diving into a swimming pool in Portugal when on a holiday organised by the defendants. He said that the surrounds of the pool were not provided with appropriate non-slip surfaces. The defendant said that there were explicit warnings against diving. The claimant said that he slipped.
Held: The claimant had failed to establish that any negligence of the defendant had contributed to the injury he suffered.
Judges:
Eady J
Citations:
[2005] EWHC 1657 (QB)
Links:
Statutes:
Package Travel, Package Holidays and Package Tours Regulations 1992
Jurisdiction:
England and Wales
Citing:
Cited – Clough v First Choice Holidays and Flights Ltd QBD 2005
‘Mr Saggerson [then appearing for the Defendant] made the point . . that there is always a risk of slipping around a swimming pool. That, I am sure, is the common experience of everyone who uses a swimming pool, whether at home or abroad. In those . .
Cited – James v Preseli District Council CA 1992
In the context of an alleged failure to maintain a highway, the question in each case is whether the particular spot where the claimant tripped or fell was dangerous: ‘if the particular spot was not dangerous, then it is irrelevant that there were . .
Cited – Hone v Going Places Leisure Travel Ltd and Another CA 13-Jun-2001
The regulations could not be read to impose strict liability on a tour organiser or holiday ticket retailer for injury suffered during the holiday. The rules clearly required there to be shown some ‘improper performance’ of the contract before . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 05 July 2022; Ref: scu.229754
