Claimant wins damages in Spain after drowning incident in pool

We recovered damages in excess of €547,228 at a trial in Spain and then additional damages of approximately €500,000 on appeal for injuries and losses suffered by a young girl after she nearly drowned in a swimming pool. The incident caused her to suffer a diffuse hypoxic brain injury and spastic quadriparesis and left her severely disabled.

We were able to prove that the incident occurred when the lifeguard on duty left his post for lunch, even though there was no other guard on duty. The Spanish judge concluded that the lifeguard company and the community of owners were therefore both liable for the accident.

We arranged for the client's damages to be paid into the English Court of Protection since the claimant is a minor and does not have mental capacity to manage her own affairs.

Mark Lee travelled to Spain to accompany the family at trial.

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