Luxury gym chain David Lloyd leisure is facing stern legal reprimands as the chain heads to court to plead its case over the near drowning of a six year old boy at one of their pools.
“Failure to manage the pool”
The charges levied against David Lloyd are that there was a failure to safely manage the pool area in which the young boy almost drowned. The full charge reads “David Lloyd failed to conduct its undertaking in such a way as to ensure that persons not in its employment were not exposed to risk to health and safety, namely by failing to properly run and manage the indoor swimming pool at David Lloyd Leisure Centre, Heston and exposing [the victim] to risk of drowning”
If the chain are found guilty then they will be charged under the Health and Safety at Work Act 1974. The spa owners have not made a public comment regarding the incident but are due to face charges beginning in August at Isleworth Crown court.
“Almost” isn’t good enough
While it is a relief for all involved that the accident falls into the “nearly” category and the young boy was rescued and recovered, the incident could easily have taken a turn for the worse. All private and public facilities, including gyms, spas and leisure centres, require holding a strict duty of care to those inside. In this case, the young boy nearly lost his life as a result of negligent actions by those left in charge of the Heston branch.
In a legal setting, a judge must treat the situation in the same way he would if the incident had resulted in a fatality, as drowning was still a possibility. The boy struggling in the first place should not have taken place in the eyes of the law and this is enough that charges can be pressed. It indicates that there was a gap in the safety standards that needs addressing and the outcome is to help David Lloyd leisure rectify that mistake.
Public/ Occupier Liability
Depending on where an incident of injury or potential serious injury happens, the person/people affected can claim back for their injury and distress via public or occupier liability claims.
A public liability claim can be made if an accident occurs in any space that is owned by the government and is freely accessible such as pavements or government buildings.
Occupier’s liability (as this incident is) requires an incident to take place within the confines of a privately owned property, such as a shop, gym, house or hotel.
Scott Rees & Co have dealt with numerous cases in both public and privately owned places, dealing with simple slips and trips from wet floors and uneven pavements, to dangerous/malfunctioning equipment and interiors that risk much longer term injuries.
All of our solicitors work on a no win no fee basis, ensuring every client we help will not pay a penny for an unsuccessful claim, providing they are honest throughout the claim process and follow our instruction.
There are a number of ways to get in touch in the instance that you have suffered from a public or occupiers liability claim. Firstly, you can firstly call us on 0808 278 2574 (our lines are open every week day from 9am to 7pm). Alternatively you can start your claim using our form to get straight into making your claim; or you can get us to get in touch when the time suits you by requesting a callback here. We offer free and impartial advice with no obligation, so there is no pressure in giving us a call to discuss your injury today.
1. Geograph.co.uk, http://s0.geograph.org.uk/geophotos/04/08/07/4080795_2aad1657.jpg