RAF man wins substantial damages at Court of Appeal

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When aged  just 21, Robert broke his neck when he dived headfirst into a pool of balls during a charity event at RAF High Wycombe. Mr Justice Field previously ruled that â€œsmall risks should not threaten enjoyable  games which are an important and beneficial part of life” and Robert's case was lost.

Last year the Court of Appeal ordered a re-trial and today Mr Justice Foskett handed down his judgment in which he found that a failure to assess the risk  (which would have put a stop to the activity of diving into this shallow pool) meant that the Defendants were liable for his catastrophic injuries.  Between them the two Defendants are to agree their portion of blame and the amount of damages and costs to be paid to Robert will be subject to a separate hearing, unless agreement can be reached beforehand. The link to the Judgment can be found here.

Grant Evatt
Senior Associate
Personal Injury team 

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