Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college
25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup
Friday 06 December 2013
A student at one of the UK's leading drama schools has lost his damages claim over end-of-term horseplay which left him tetraplegic.
Andrew Risk had reached the last day of his second year of a scenic arts degree at Rose Bruford College in Sidcup, south east London, when he took a long run at a large paddling pool filled with water to a depth of about two-and-a-half feet and dived in, hitting his head on the ground.
Mr Risk, 25, of Shillingford, Oxfordshire, suffered immediate loss of sensation, was unable to move, and had to be supported by fellow students to enable him to breathe until he could be taken to hospital.
Now in a wheelchair and needing 24-hour care, he claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of the college, which denied liability.
Today, Mr Justice Jay said that Mr Risk had not succeeded and, even if he had, he would have found him 75% to blame for the accident.
The judge, who refused permission to appeal, said that Mr Risk, who was not in court, acquitted himself throughout the trial at London's High Court with "complete honesty, integrity and decency".
"He accepted that this was a spur of the moment decision, and I consider that it was out of character, or more precisely that no one should be judged on the basis of one-off impulsive actions.
"On a human level, I regret the conclusion that I have reached, but to my mind the legal principles are clear and the weight of authority overwhelming."
Additional reporting PA
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