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Case Study - Swimming Pool Negligence

VG, his wife and two young children were holidaying at a five star resort hotel on the mid North Coast of New South Wales. 

Whilst the father and his two sons went for a walk, the mother went for a swim in the resort swimming pool.  She had limited swimming ability. 

The signage at all points around the pool indicated a certain depth which was incorrect.  The actual depth of the pool was substantially greater than what was advertised. 

Tragically, the mother died by drowning. 

A claim was made against the resort for negligence for the failure to correctly identify the depth of the pool. 

There were many legal issues involved in terms of causation and foreseeability of injury.

Claims for psychological injury for the husband and his two boys, together with a claim for loss of financial dependency as Mrs VG was in full time employment, was made by the husband on behalf of himself and the two children.  

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