Paralyzed After Diving at Academy Camp... Court Rules Academy Director Must Pay 10% Compensation

Diving in a Prohibited Area Causes Quadriplegia
Law: "Academy Director Has Duty of Care and Supervision"

A court ruling has found that the operator of an academy is liable for damages after a high school student suffered severe injuries, including paralysis, while diving during a camp hosted by the academy.

On the 12th, the Civil Division 14 of Suwon District Court (Presiding Judge Kim Min-sang) announced a partial victory for the plaintiff in a damages lawsuit filed by A and his parents against the academy operator B. The court ordered B to compensate A approximately 194 million KRW and 2 million KRW each to his parents.

In August 2019, when A was a senior in high school, he attended a one-night, two-day summer camp hosted by B’s tutoring academy. While diving in the swimming pool at the lodging facility, he hit his head on the bottom, resulting in a cervical fracture and paralysis of all four limbs.

The accident occurred as the students were leaving the pool after playing in the water with their supervisors to have dinner. Amid the commotion, some students, including A, remained in the pool playing. At the time, the pool depth ranged from 1m to 1.5m, and at the entrance, there was a bulletin board listing usage rules such as "Diving Strictly Prohibited" and a banner stating "No Diving."

A’s side filed a lawsuit claiming that B was liable for damages because he failed to manage and supervise the students who were still playing in the pool.

The court stated, "Since the defendant hosted the camp, he had a duty of care to monitor the plaintiffs to ensure they did not engage in dangerous or reckless behavior and to prevent such behavior to avoid accidents. The accident occurred due to negligence in fulfilling this duty, so the defendant is liable for damages."

Furthermore, the court noted, "Although plaintiff A was a senior high school student capable of understanding and heeding the prohibitions such as those on the banner, and may have received safety instructions from the defendant not to dive, it was foreseeable that while playing in the water with peers at a pension in an excited state, safety rules might be forgotten, leading to dangerous behavior and accidents."

However, the court limited B’s liability to 10% of the total damages, stating, "Plaintiff A’s own failure to exercise caution was also a significant cause of the accident."

A also filed a damages lawsuit against the lodging facility operator. However, the court dismissed the claim, stating, "There is no evidence that the lodging operator breached their duty of care, nor is it recognized that the swimming pool lacked the usual safety standards." The first-instance ruling was thus upheld as final.