A surfer who sustained a severe neck injury and developed an "acute fear of surfing" after a collision on a wave machine at a luxury resort is seeking up to £500,000 in damages.
Aidan Botha, from Cornwall, was using a 'FlowRider' surf simulator at the Retallack spa resort in July 2022 when he collided with another rider. He claims he hit his face and skull on the pool floor, resulting in a hyperextended neck and a "stinger"-type injury.
Mr. Botha alleges that the incident has left him with "chronic burner syndrome," characterized by intense burning pain, numbness, and tingling down his neck, which has affected the manual dexterity in both his hands. His barrister, Jeremy Warner, stated in court papers that this condition impacts his ability to work, drive, and sleep.
According to Mr. Warner, Botha experienced a "vivid white flash" and numbness in his right arm for about 40 minutes immediately after the collision. Numb fingertips in both hands were later diagnosed as part of his burner syndrome symptoms, causing him to drop everyday objects and increasing neck and trapezius pain with prolonged computer use.
The lawsuit names the spa's owners, Away Resorts Ltd, as the defendant. Botha's claim alleges negligence in failing to adequately control the number of people using the wave machine simultaneously, contrary to safe practice. His barrister noted that staff allegedly permitted multiple users to enter the artificial wave area "in quick succession."
Away Resorts has admitted a breach of duty concerning the accident. However, the company disputes the extent of Mr. Botha's claimed injuries and the amount of compensation sought. In its defense, the resort stated it has "no direct knowledge of how the accident occurred as none of its employees saw it occur."
The FlowRider machine simulates a static wave using fast-flowing water, allowing users to experience a sensation similar to surfing or snowboarding. The Retallack Spa, described as a luxury lakeside resort, reportedly boasts the only FlowRider wave machine in Cornwall. The case recently underwent a pre-trial hearing at London's High Court, where lawyers discussed the evidence for the upcoming trial.