The claimant was on a package deal with Thomas Cook. She was playing water polo with other guests in her hotel pool in Greece. The claimant went to one of the three walkways to retrieve the ball, slipped on the smooth marble surface and was injured.
The walkway was not covered in matting. The two other walkways were covered with blue matting. The Judge found this was there to prevent slipping and not, as the defendant claimed, decorative.
He found that the walkway was a high-risk area because it was behind the goal posts. The defendant should have foreseen that the ball might go onto the walkway and should have put matting on it to prevent anyone with wet feet slipping. This defendant was both negligent and in breach of contract.
The Judge did not particularly go into the issue of local safety standards as is required under Package Tour Regulation cases.
The defendant had generally raised a point that Greek health and safety standards were lower than UK standards but counsel had it agreed before the case that it should be treated as an Occupiers Liability case in Greece. The Judge had access to part 18 replies to the defendant regarding local standards of safety but did not make reference to them.
He assessed contributory negligence at 25 per cent for rushing on a slippery surface.
Robinson -v- Sunset, 15 November 2007, Leeds County Court