Judge dismisses damages claim against Cosmos
A holidaymaker has failed in an attempt to sue Cosmos over a swimming pool accident three years ago which left him paralysed from the waist down.
A High Court judge rejected a ?3.5 million claim for damages against the operator for cost of care, loss of earnings and future therapies. Cosmos had denied liability.
Father of four Sean Healy, who appeared in court in a wheelchair, suffered the injuries while on a Cosmos holiday at the Colina Da Lapa apartments in the Portuguese Algarve resort of Carvoeiro.
Carpentry business owner Mr Healy incurred spinal injuries when his head struck the bottom of the pool. He had sought to prove that he fell in because of a slippery area surrounding the pool which did not comply with local safety standards.
The pool was of varying depth, going down to 5ft 1in at its deepest point, and had depth markings painted around the outside at regular intervals, the court had heard.
Mr Healy, from North Cheam who was 36 at the time of the accident, was described as an experienced swimmer who was well aware that diving into the pool was inappropriate.
In his judgment, Mr Justice Eady found that it was a “tragic accident†for which no one was responsible.
He said: “I naturally understand how devastating this conclusion will be for the claimant and his family.â€
He added that on the evidence there could be no other rational outcome.
A spokesperson for Cosmos said that the tour operator accepted the decision made by Mr Justice Eady and the company expressed regret at the very serious injuries suffered by Mr Healy.
Report by Phil Davies
Phil Davies
Vegas’s Billion-Dollar Secrets – What They Don’t Want Tourists to Know
Visit Florida’s New CEO Bryan Griffin Shares His Vision for State Tourism with Graham
Chicago’s Tourism Renaissance: Graham Interviews Kristin Reynolds of Choose Chicago
Graham Talks with Cassandra McCauley of MMGY NextFactor About the Latest Industry Research
Destination International’s Andreas Weissenborn: Research, Advocacy, and Destination Impact
Graham and Don Welsh Discuss the Success of Destinations International’s Annual Conference
Graham and CEO Andre Kiwitz on Ventura Travel’s UK Move and Recruitment for the Role
Brett Laiken and Graham Discuss Florida’s Tourism Momentum and Global Appeal
Graham and Elliot Ferguson on Positioning DC as a Cultural and Inclusive Global Destination
Graham Talks to Fraser Last About His England-to-Ireland Trek for Mental Health Awareness
Kathy Nelson Tells Graham About the Honour of Hosting the World Cup and Kansas City’s Future
Graham McKenzie on Sir Richie Richardson’s Dual Passion for Golf and His Homeland, Antigua
ADS PRO 
TAP Air Portugal to operate 29 flights due to strike on December 11
Qatar Airways offers flexible payment options for European travellers
Airlines suspend Madagascar services following unrest and army revolt
Air Mauritius reduces frequencies to Europe and Asia for the holiday season
Major rail disruptions around and in Berlin until early 2026