Man left with fear of surfing after hitting head on floor of artificial wave machine sues for £500k
A surfer who hit his head on the pool floor while trying out a luxury hotel’s wave machine is fighting for a £500,000 payout.
Aidan Botha, of Porthleven, Helston, Cornwall, said he suffered injuries to his face and skull hitting the bottom of the pool after colliding with another motorist while using the “FlowRider” surf simulator at the Retallack spa with friends in July 2022.
The 49-year-old man, a former surfer, claims he suffered a serious “hyperextension” injury to his neck when his skull hit the floor of the wave pool at the luxury self-catering resort and spa near St Columbus Major, resulting in a “needle” type injury as key nerves were stretched from the impact.
Mr Botha now struggles with “chronic burn syndrome”, a condition characterized by intense burning pain, numbness and tingling originating from the neck, which Mr Botha said badly affects dexterity in both hands.
Mr Botha is suing the spa’s owner, Away Resorts Ltd, for damages of up to £500,000 for negligence in failing to properly control the number of people using the wave machine.
Away Resorts admitted breach of duty as a result of the accident but disputed the effects of the accident and the level of compensation claimed by Mr Botha.
FlowRider’s simulated surf wave produces a sheet of fast-flowing water to create a static wave, allowing users to experience a sensation similar to riding a wave or snowboarding.
To create a sheet wave, water is pumped over a surface designed to replicate the shape of an ocean wave. The result is a steady wave in which the rider can mimic the movements of other board sports, such as moving up and down the wave, carving and jumping.
Retallack Spa, a luxury lakeside resort with a self-catering beach hut with hot tub for up to £4,700 a week for a family of four, has the only FlowRider wave machine in Cornwall, according to its website.
The resort also offers spa treatments, water sports, an indoor swimming pool, bars and dining options.
His lawyer, Jeremy Warner, stated in court documents that the accident occurred when Mr Botha collided with another surfer while using the “wave facility” and that “contrary to safety practice, staff failed to control access to the artificial wave and allowed multiple users to enter simultaneously and/or in rapid succession”.
Immediately after hitting his head, he saw a vivid white light, felt pain on his right side, and his right arm went numb for about 40 minutes, he continued.
Mr. Warner said he was later diagnosed with burner syndrome symptoms of numb fingertips on both hands, a condition that causes loss of dexterity and makes him prone to dropping everyday objects.
“He realized that working at the computer for long periods of time increased his symptoms of neck and right trapezius pain,” his lawyer said.
“This limits his productivity and ability to focus at work. Mr Botha also has difficulty driving, starts to have pain in his arm after 30 minutes and suffers from sleep disturbances every night.”
Mr Botha said that when he bent his neck to the right, he developed “fiery nerve pain” that could last for several days, adding that the accident also left him with an “acute fear of surfing”.
The case recently reached London’s High Court at a pre-trial hearing as lawyers for both sides debated the shape of the evidence in the case, with his lawyer admitting there was “significant complexity to his injuries”.
While the facility admitted its breach of duty, it insisted in its written defense that “none of its employees had direct knowledge of how the accident occurred because they did not see the accident.”
