Lifeguard fined after father-of-three drowns

Date:

27 October 2009

Release No:

WM401/09

A lifeguard who failed to notice a father-of-three lifeless at the bottom of a Walsall swimming pool was yesterday (26/10) convicted at Wolverhampton Crown Court.

Father-of-three Adrian Miles, 48, had gone swimming at the University of Wolverhampton pool on the Walsall Campus, as part of his recovery from a rugby injury. He got into difficulties, but one of the lifeguards on duty was distracted for a prolonged period while supervising the pool and failed to spot him lying at the bottom.

The Health and Safety Executive (HSE) prosecuted lifeguard Alex Cotterill, 28, from Willenhall in West Midlands over the incident on 27 July 2006. He was convicted of breaching Section 7 (a) of the Health and Safety at Work etc Act 1974 for failing in his duty to take reasonable care for the health and safety of pool users.

The jury failed to reach a verdict on a second lifeguard, Richard David Leek, 31, from Wednesfield, who was also charged with the same offence. The jury was discharged.

The court heard how Mr Cotterill was on poolside duty at the indoor pool on Gorway Road in Walsall. He was distracted from his duties and was in no position to spot Mr Miles, from Walsall, who had got into difficulties, or react in time to have a chance to save him.

Speaking after the case, HSE Inspector Kanwal Kanda said:

"It is completely unacceptable for those with a responsibility for the safety of others to neglect their duty.

"While the lifeguard did not cause Mr Miles to get into difficulty, his neglect of duty was clearly a major factor in leaving him and potentially others using the pool unnecessarily exposed to risk.

"Standards are well established through training and they must be applied by lifeguards to ensure swimmers are safe."

Notes to editors

1. Section 7(a) of the Health and safety at Work Act states: "It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts and omissions at work."
2. The court imposed a fine of £200 on Alex Cotterill from Willhenhall for the incident.

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