Negligence

The claimant, a six year old boy, suffered serious injuries following an accident in a swimming pool in which he was found at the bottom of the pool but later resuscitated. The Queen’s Bench Division held that the lifeguards on duty had failed to identify the claimant as a child at risk had they done so they would have registered his disappearance and immediately searched to find him and remove him from the water. There was a causal link between that breach of duty and the injuries the claimant had sustained and he was entitled to judgment accordingly.