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Case Study - Swimming Pool and Public Liability

Shea was aged twenty-six months when he fell into a neighbour’s swimming pool.

The neighbour was Shea’s carer.

The claim was disputed by the public liability insurer on the basis the pool gate through which Shea gained access to the pool area was defective, but the Council had previously approved the pool as safe.

This gave rise to issues of joint responsibility between the Council and the carer.

Shea requires full-time care and assistance. Tragically, Shea has no capacity to undertake employment.

The claim settled following a successful mediation in the sum of $4,800,000.00 plus costs.

Shea now lives on the Mid North Coast of New South Wales with his mother and two sisters.

Andrew has always considered it an honour to have met Shea, and his involvement with him and his family represents one of his highest professional achievements.

Andrew continues to have contact with the family and recently travelled from Sydney to be a guest of honour at Shea’s twenty first birthday celebration.

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