A surfer left with an “acute fear of surfing” after smashing his head on a pool floor whilst trying out a luxury resort’s wave machine is fighting for a £500,000 payout.
Aidan Botha, of Porthleven, Helston, Cornwall, says he was injured while using a “FlowRider” surf simulator at the Retallack spa resort with friends in July 2022, with his face and skull impacting the bottom of the pool after he collided with another rider.
The 49-year-old – previously a keen surfer – claims he suffered a severe “hyperextension” injury of his neck when his skull struck the floor of the wave pool at the luxury self-catering resort and spa near St Colomb Major, resulting in a “stinger”-type injury due to key nerves being stretched by the impact.
He is now dogged by “chronic burner syndrome” – a condition characterised by intense burning pain, numbness and tingling stemming down from the neck, which Mr Botha says has badly affected his manual dexterity in both hands.
Mr Botha is now suing Away Resorts Ltd – the spa’s owners – for up to £500,000 damages, alleging negligence in failing to properly control the amount of people using the wave machine.
Away Resorts have admitted breach of duty over the accident, but dispute the effects of the accident claimed by Mr Botha, as well as the level of compensation.
The FlowRider simulated surf wave allows users to experience a sensation similar to wave riding or snowboarding by producing a sheet of fast flowing water to create a static wave.
In order to create a sheet wave, water is pumped up and over a surface which is engineered to replicate the shape of an ocean wave. The result is a stationary wave in which a rider can mimic the movements of other board sports, such as moving up and down the wave, carving and jumping.
The Retallack Spa, a luxury lakeside resort where a self-catering waterside lodge with a hot tub costs up to £4,700 a week for a family of four, boasts the only FlowRider wave machine in Cornwall, according to its website.
The resort also offers spa treatments, watersports, an indoor pool, plus bars and dining options.
The accident happened when Mr Botha collided with another surfer while using the “wave facility”, explained his barrister, Jeremy Warner, in court papers, adding that “staff failed to control access to the artificial wave and permitted multiple users to enter simultaneously and/or in quick succession, contrary to safe practice”.
Immediately after striking his head, he saw a vivid white flash, felt pain in his right side and his right arm went numb for around 40 minutes, he continued.
His burner syndrome symptoms were diagnosed later on, said Mr Warner, in the shape of numb fingertips in both hands, causing loss of dexterity and leaving him liable to drop everyday objects.
“He finds that working for long periods of time at the computer increases his symptoms of neck and right trapezius pain,” said his barrister.
“This limits his productivity and ability to maintain focus at work. Mr Botha also struggles to drive, developing pain in his arm after 30 minutes, and he suffers with disturbed sleep every night.”
If Mr Botha angles his neck to his right, he is stricken with “shooting nerve pain” which can last for several days and the accident also left him with an “acute fear of surfing,” he added.
The case recently reached London’s High Court in a pre-trial hearing as lawyers on both sides debated the shape of the evidence for the trial, with his barrister accepting there is a “significant degree of complexity to his injuries”.
While accepting breach of duty, in its written defence the resort has insisted that “it has no direct knowledge of how the accident occurred as none of its employees saw it occur”.
