Evans -v-Kosmar Villa Holidays Ltd
The claimant went on a package holiday to Corfu based at the Marina Beach Apartments in Kavos. The holiday was supplied by the defendant tour operator. The claimant dived into the shallow end of the apartment swimming pool probably hitting his head on the bottom. He sustained a fracture of the fifth cervical vertebra as a result of which he is tetraplaegic.
The claimant accepted that he dived and that he did so without first checking the water depth.
However, it was found that there were causative breaches of contractual duty on the part of the defendant and its accommodation suppliers namely:
1. The pool was open when it should not have been
2. It was officially a no-diving pool but diving was condoned
3. The signage regarding opening hours and ‘No Diving’ was inadequate
4. There were no signs indicating which was the shallow end and which was the deep end
5. The two depth markings were inadequate
Judgement was given for the claimant subject to a deduction for contributory negligence of 50 per cent.
From Travel and Tourism Lawyers Association, 11 December 2006, Queens Bench Division