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Search forHoliday accident pool lifeguard cover 'adequate'
Tuesday, November 18, 2008, 07:56
Keith Sach, an independent safety consultant, told a jury at Cardiff Crown Court that a lifeguard was no substitute for the supervision of a parent.
Chad Mole suffered a "catastrophic brain injury" after he nearly drowned at the Splash Lands swimming pool on the Trecco Bay caravan park in Porthcawl, South Wales.
The court has heard that, although he was revived, the boy was left severely disabled.
His father, Brian Mole, from Halesowen, near Birmingham, told the court he took Chad and his other son JJ, then four, to the pool during a holiday on October 18 2005.
He said none of them could swim and he thought Chad was behind him while he played with JJ.
Mr Mole said he then saw another pool-goer bringing Chad "lifeless" out of the pool.
He said: "He was lifeless and I screamed and screamed 'Where were the lifeguards?'.
"They should have done their job. I thought that pool was safe. I thought they would be watching at all times."
Mr Sach, who helped compile the Health and Safety Executive's guidance to pool operators, told the court the HSE made it clear that children under eight needed a level of supervision the pool operator, through lifeguards, could not deliver.
He said: "It recognises that by saying the first risk control measure is direct supervision by a parent or adult."
The prosecution claims the pool's owner and operator, Upper Bay Limited, failed to ensure Chad was not exposed to risks to his health and safety. The company denies the charge.
John Cooper, defending Upper Bay Limited, asked Mr Sach: "The fundamental line of responsibility is the parent?"
Mr Sach replied: "Yes."
Mr Sach went on: "The evidence we heard from Mr Mole made it clear that he did not accept the responsibility about which we are currently talking.
"His view was that the lifeguards took complete responsibility for the safety of his children under eight."
Mr Sach added that the three lifeguards watching the pool at the time of the incident "seems to me adequate".
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