Surrey

Judgment reserved in Farnham woman's pool damages claim

Judgment has been reserved in a £6m damages claim by a woman who hit her head on the bottom of a swimming pool during a late-night party in Surrey.

Kylie Grimes, now 23, of Stephendale Road, Farnham, was left paralysed after she dived into the pool in Farnham in August 2006.

She is suing its owner David Hawkins, of Compton Way, who denies liability and said he considered the pool safe.

A judge at the High Court said a decision will be given at a later date.

Ms Grimes was paralysed from the chest down after she broke a vertebra below the base of her neck.

She has claimed her injury was caused by Mr Hawkins's negligence or breach of his duties under the Occupiers' Liability Act.

'Clearly' invited

The court heard Mr Hawkins and his wife were away that night, but their daughter Katie had asked her father to let her have a few friends over.

She said she did not invite Ms Grimes and did not expect people to go swimming, but did not know how to stop them, so turned the lights on for their safety.

She also said no accident had ever occurred in the 30ft (9.1m) pool which had a deep end of less than 6ft (1.8m).

Philip Mott QC, for Ms Grimes, said the pool house should have been locked or there should have been warning notices.

He said Ms Grimes was "clearly" invited back and was lent swimming kit by Ms Hawkins.

William Norris QC, for Mr Hawkins, said no sound legal basis existed on which Mr Hawkins could be held liable for the accident which happened in an "unremarkable swimming pool on domestic premises when the claimant, an adult, chose to do something which involved an obvious risk".

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