No compensation for girl paralysed after diving into a swimming pool

A summary of the ruling by the High Court in the case of Grimes v Hawkins – a girl paralysed after diving into her friend’s father’s swimming pool

The High Court yesterday handed down its ruling in the multimillion pound personal injury claim of Grimes v Hawkins and Frimley Park Hospital NHS Foundation Trust.

The personal injury case involved Miss Kylie Grimes, a girl who on 4th August 2006, was 18 years of age and had been out with friends, including Miss Katie Hawkins. That evening, Miss Hawkins invited Kylie and a number of others back to her family home despite her parents having given their prior permission for only four friends to stay. Both Miss Grimes and Miss Hawkins had been drinking alcohol.

 At the Hawkins’ residence was a separate pool house, unlocked at all times. Whilst it is not clear whether or not Miss Hawkins had given anyone permission to use the pool, a number of her friends were provided with swimming costumes by her and so proceeded to go in and out of the pool with a number of others looking on. Miss Grimes was one of those who decided to use the pool.

A number of those who chose to swim and play in the pool were jumping and ‘bombing’ into it causing water to splash and ripple out. Realising that there was risk of serious injury occurring, one of the group decided to get out of the pool. It was after this time when Miss Grimes decided to dive into pool.

Ignoring all risks of suffering personal injury, Miss Grimes dived diagonally into the pool a few paces from the shallow end. Whilst Miss Grimes was apparently aware of the contours of the pool’s floor, the Judge accepted that the dive was steeper than Miss Grimes had intended.

Kylie Grimes immediately hit the bottom of the pool and suffered such serious injury, that she was instantly aware that her legs were not working properly. She insisted that she be kept still and that no one should try and move her.

An ambulance arrived and escorted Miss Grimes to hospital. After medical examination it was found that Miss Grimes had indeed suffered a tragic and serious injury; a fracture of one of the vertebrae below the base of the neck.

Miss Grimes is tetraplegic due to the accident and after seeking legal advice, brought a claim against firstly Mr Hawkins, owner of the pool, and secondly, Frimley Park Hospital for alleged negligent treatment of her serious injury.

It was argued that Mr Hawkins should have displayed signs warning against diving into his pool, thereby indicating the risk of serious injury occurring if the signs were ignored. Lawyers for Mr Hawkins however, argued that there was no legal requirement for such signs to be displayed at a private pool.

After a three day hearing, finding for Mr Hawkins as the first defendant, Mrs Justice Thirlwall DBE concluded that the pool was not unsafe for diving. Whilst Miss Grimes suffered serious injury, she was an adult and Mr Hawkins could not be expected to exercise, “a paternalistic approach to his visitors”. Justice Thirlwall did not accept that it was incumbent on a householder with a private swimming pool, to prohibit adults from diving into an ordinary pool, the dimensions and contours of which can be clearly seen. Mr Hawkins was held not to be in breach of any duty to Miss Grimes. It was therefore held that Mr Hawkins could not be held liable for the serious injury she suffered.

The case against Frimley Park Hospital NHS Foundation Trust is yet to be heard. The Hospital denies making any worse, Miss Grimes’ serious injury.

Hilary Meredith Solicitors specialise in all aspects of personal injury and serious injury (including spinal cord and acquired brain injury claims) including CICA claims, public liability, road traffic accidents, military accidents and Armed Forces Compensation Scheme claims. To discuss your claim for personal injury, call us now.