Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

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 07:12 EST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

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

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in