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Public pool – swimmer in training: no negligence in council October 15, 2015

Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council [2015] NSWCA 320

NEGLIGENCE – school student injured while training in Council pool – pupil directed by swimming coach employed by School to dive into shallow end of pool – pupil slipped and suffered serious injury – whether Council liable to pupil – where guidance to pool operators permitted diving by trained competitors into shallow end of pool – whether School liable to pupil for failing to train her to abort a mis-executed dive – whether School liable for failing to be aware of elevated risk of track-start dive at a pool without readily grippable coping tiles – whether School liable for failing to conduct a risk assessment of pool – consideration of “risk of harm”, breach of duty and causation – appeal by School allowed, appeal by pupil against Council dismissed

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