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Boy Who Nearly Drowned Seeks £5 Million in Damages
Normally, the law requires that a claim is commenced within three years of the date on which the claimant suffered the injury. However, different rules apply to minors. Where the injured person is a child, the three-year limitation period does not begin to run until he or she reaches his or her 18th birthday. So, in effect, a child has until their 21st birthday to bring a claim.
A teenager who almost drowned in a public swimming pool is suing the local authority responsible for the facility for up to £5 million in compensation, claiming that lifeguards were negligent in failing to notice that he was in difficulties.
The boy was aged six when he strayed away from his father and slipped beneath the water for almost three minutes. He was eventually rescued by another swimmer, but not before he had suffered oxygen starvation and serious brain damage. His lawyers are seeking damages on his behalf to pay for the lifetime of care he will need.
The local authority, however, denies liability, arguing that its team of lifeguards was fully trained and that a system was in place to ensure that all parts of the pool were monitored at least every ten seconds. The pool was very crowded at the time and youths were said to have been causing a disturbance in the deep end.
The High Court has reserved its decision on the boy's case until a later date.