Houseowner not to blame for pool injury

Posted: 20th October 2011

An experienced swimmer who dived into a pool at a friend's late-night party and was rendered tetraplegic after hitting her head on the bottom of the pool has lost her claim for compensation.
The woman attended the party at the invitation of her friend, the daughter of the owner of the house. She brought a claim against the house owner alleging that her injuries resulted from his negligence for not adequately warning of the risks of diving into the pool and under the Occupiers Liability Act 1957 for allowing her to dive into the pool.
However, the court regarded the pool as being reasonably safe for the purpose for which it was being used. The womaPool1n had assumed responsibility for her own actions and the man's daughter had not assumed responsibility for the safety of the people attending the party. The owner of the house had no knowledge that the party was taking place, nor had he provided the alcohol which appeared to be a factor in the accident. The injured woman was an adult, not a child, and thus deemed to be capable of being responsible for her own actions.
Homeowners providing potentially dangerous facilities such as a pool for the purposes of a party can control the risk of a claim being made against them for an injury by taking sensible precautions appropriate to the risks involved and the people attending the party.