Owners of the Trecco Bay caravan park in Porthcawl, UK were recently denied an appeal request over charges levied against them for negligence in a 2005 incident in which a boy suffered a catastrophic traumatic brain injury while using a pool at the park. In October of 2005, Chad Mole ‘was found lifeless with blue lips in the “bubble lounger” area of Splashland on the Trecco Bay caravan park,’ according to a BBC News article. The boy was reportedly severely disabled by the injury he incurred at the park.
Police filed no charges after the incident, but the Brigen County Borough Council filed charges in 2008 against Upper Bay Limited, the owners of the park, under the Health and Safety Act. BBC News reported that ‘The prosecution claims that Upper Bay Limited failed to ensure Chad was not exposed to health and safety risks, but the company denies the charge.’Â The prosecution claimed that the park was not sufficiently staffed and did not have proper safeguards in place to prevent injuries from occurring.
An onlooker, Joesph Coffey, found the boy floating underwater in the Jacuzzi-styled lounger at the deep end of the pool. At first, he thought the boy was playing a game, but he soon realized the seriousness of the situation. ‘He scooped him out of the water and shouted for help. Chad was limp and his lips were blue,’ the BBC article noted. No lifeguards had spotted the boy, and a high chair near the deep end of the pool was empty. Mole’s parents were reportedly occupied with watching their younger child. The prosecution alleged that ‘There was a total lack of care in ensuring that this young boy didn’t have a risk of drowning,’ the article said.
Now, five years after the incident, the park owners lost their case in court and have been fined £150,000. In the first trial against Upper Bay Limited, a jury was unable to reach a verdict. They lost their second trial, and most recently, the Lord Chief Justice, Mr. Roderick Evans and Justice Mr. Griffith Williams denied an appeal by the company to overturn the fines levied against them. We wish the Mole family the best possible outcome for their son.
References:
BBC News Staff. (March 2, 2010) ‘Appeal lost on Halesown boy’s Porthcawl pool injury.’ Retrieved on March 3, 2010 from the BBC News Web site:http://news.bbc.co.uk/2/hi/uk_news/wales/8545974.stm
BBC News Staff. (November 10, 2008) ‘Boy had ‘˜catastrophic’ injury.’ Retrieved on March 3, 2010 from the BBC News Web site:http://news.bbc.co.uk/2/hi/uk_news/wales/south_east/7720997.stm