School’s liability versus Council’s exoneration for diving incident

In this Alert, Senior Associate Brooke Jacobs and Solicitor Candice Stower consider the decision in Miller v Lithgow City Council [2014] NSWSC 1579.

The facts

The plaintiff in this case was 12 years old when she suffered a spinal injury resulting in tetraplegia as a result of a dive into the shallow end of a swimming pool run by Lithgow City Council.

The plaintiff was an experienced and competent swimmer who was ranked in the top 20 in Australia. She received a bursary from her school, Kinross Wolarai primary school, in early 2007 as recognition of her swimming achievements. As the recipient of financial assistance, she was required by the school to participate and involve herself in the co-curricular life of the school, which included swimming training.