Court overturns Kosmar injury ruling

The Court of Appeal has overturned a High Court ruling that left Kosmar liable for 50% of  the injuries sustained by a client after diving into the shallow end of a hotel pool.

Kosmar client James Evans received serious injuries from diving in the middle of the night while on holiday with friends as a teenager in Corfu in 2002.

He brought a claim against the operator and the High Court found Kosmar liable for “50% contributory negligence” in the case.

The High Court judge found an absence of adequate safeguards and warnings around the pool and noted that lay witnesses who gave testimony on behalf of Kosmar had provided a “false account”.

However, the Court of Appeal overturned the judgment this week following a hearing in July.

Kosmar argued there was no duty to guard against the risk of diving into the pool’s shallow end at night. The appeal court agreed.

In the course of his ruling Lord Justice Richards concluded: “There was no evidence to support a claim of non-compliance with local safety regulations.”

Kosmar director Abhi Dighe described the judgment as a good one for the industry. He said: “Kosmar does everything to ensure the safety of clients. Unfortunately, we have no control over a situation like this.”