England

Paddling pool dive: Injured Rose Bruford student loses case

  • 6 December 2013
  • From the section England
Rose Bruford
The college denied liability for the injury

A drama student who was left a tetraplegic after diving into a paddling pool on the last day of term has lost his damages claim in court.

Andrew Risk from Shillingford, Oxfordshire, had completed his second year at Rose Bruford College in south-east London, when he injured himself.

The 25-year-old claimed it came about through a breach of duty of care or negligence on the part of the college.

Mr Justice Jay dismissed the claim but paid tribute to Mr Risk's honesty.

The scenic arts student now requires 24-hour supervision.

'Impulsive actions'

In June 2009 he took a long run, dived into a large paddling pool filled with water to a depth of 2.5ft, and hit his head on the ground.

He suffered an immediate loss of sensation and was unable to move. Fellow students helped him breathe until he could be taken to hospital.

The Sidcup-based college denied liability for the injury.

The High Court judge refused permission to appeal, but said Mr Risk, had shown "complete honesty, integrity and decency" throughout the trial.

He added: "He accepted that this was a spur of the moment decision, and I consider that it was out of character, or more precisely that no-one should be judged on the basis of one-off impulsive actions.

"On a human level, I regret the conclusion that I have reached, but to my mind the legal principles are clear and the weight of authority overwhelming."

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