Brain Injury following School Swimming Pool Accident-Appeal Court Ruling awaited
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I blogged back in October 2011 about Annie Woodland, a young girl who almost drowned during swimming lessons with her school.
She was left with severe brain injury and cannot live independently.
There are 5 potential defendants, ranging from the school itself to the lifeguard. It should be noted that the lessons took place in a swimming pool away from the school, which was under the control of a different local authority.
The High Court decision that I blogged about previously reported that the school could not be held liable for the health of its pupils while they were at the pool.
Nor could they be held responsible for the actions of the lifeguard. However, the judge granted permission to appeal.
While I fully understood the judge's reasoning, I have a very dear friend who lost her husband in a swimming pool accident. In such circumstances, my thoughts at the time were for the family and their need for closure. It now seems that at the Court of Appeal hearing on 12 January 2012, the judges reserved their position on the appeal until a later, unspecified, date. Yet another delay.
To cap it all, a date had been set down for a date in February for the hearing of Annie's claim. This will no doubt be postponed. I can only empathise with Annie's family and imagine the frustration they must feel.
However, in circumstances such as this it is sometimes necessary to remove oneself from emotional ties. The final decision in this case has far reaching consequences. Many schools and clubs that run swimming lessons will no doubt be awaiting the outcome. Let's hope Annie's family don't have too much longer to wait.
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