List member Simon Cilento appeared for the Plaintiff who, at the age of 12, dived into a swimming pool striking her head on the bottom rendering her a tetraplegic.
Justice Flanagan found that the Defendant’s failure to display a “No Diving” sign constituted a breach of the duty of care owed to the Plaintiff and that the Plaintiff would have heeded the “No Diving” warning and not dived into the pool as she was a “mature and responsible child who would ordinarily follow directions”.
The Plaintiff was found to be contributorily negligent assessed at 15%, given her age.
Read the decision here: http://archive.sclqld.org.au/qjudgment/2016/QSC16-315.pdf
