Family announces plan to sue Banyule City Council and Belgravia Leisure over WaterMarc drowning

The family of a man drowned at the WaterMarc facility in Melbourne’s northern suburbs in 2014 are reported to have launched legal action against Banyule City Council and facility operator Belgravia Leisure, alleging that the pool was not supervised appropriately.

Indian international student Paul Rayudu was swimming with his girlfriend at the facility in the Melbourne suburb of Greensborough in Melbourne on 2nd February 2014 when he was pulled out of water unconscious. 

The La Trobe University, who hailed from the Indian state of Andhra Pradesh, died on 8th February in the Austin Hospital’s intensive care unit.

Investigating the death in 2016, Vicorian Coroner Audrey Jamieson found Rayudu’s death was avoidable.

Coroner Jamieson’s report was critical of lifeguarding regulations for public swimming pools in Victoria stating a lack of confidence in the ratio of lifeguards to swimmers.

She also found Life Saving Victoria-approved signage, which warned people of the pool’s depth, failed to deter Rayudu - an inexperienced swimmer - from swimming in the area and noted that the pool’s duty manager was unable to make a public announcement before a boom - which separated the shallow and deep ends of the pool - was removed as the PA system was not working, or had only been working intermittently, at the time.

In a writ lodged by Maurice Blackburn with the County Court of Victoria last month, Usha Rayudu alleges her son’s death was caused by the negligence of the Council and/or Belgravia Leisure, in a breach of the duty they owed to provide adequate supervision of the pool.

As a result of her son’s death, she claims to have suffered significant psychiatric injuries and would continue to suffer loss and damage, the writ states.

Representing the Rayudu family Maurice Blackburn public safety lawyer Dimi Ioannou​ told local newspaper The Leader that the Council and Belgravia Leisure had a responsibility to make sure patrons at WaterMarc were safe and being supervised.

Ioannou stated “we say this tragic death could have been avoided if the correct protocols and water safety procedures were in place.

“The death of a child is every parent’s worst nightmare and to know the death could have been avoided makes it even more distressing.”

Images: WaterMarc's 50 metre pool (top) and Paul Rayudu (below). 

14th March 2018 - NEW RESEARCH COULD PROVE KEY TO PREVENTING DROWNING DEATHS AMONG VICTORIAN CHILDREN

1st August 2017 - BELGRAVIA LEISURE ANNOUNCES AUSTRALASIAN FACILITY OF THE YEAR AWARD

6th July 2017 - BELGRAVIA LEISURE APPOINTS NEW HEAD OF OPERATIONS IN VICTORIA AND TASMANIA 

18th May 2017 - BELGRAVIA LEISURE WINS CONTRACT TO MANAGE 10 MORETON BAY REGIONAL COUNCIL FACILITIES 

20th April 2017 - COMMUNITY DEVELOPMENT APPOINTMENT A STEP TOWARDS NEW DISABILITY AND DIVERSITY INITIATIVES

24th December 2016 - BELGRAVIA LEISURE APPOINTS NEW CENTRE MANAGER AT WATERMARC BANYULE

11th November 2016 - BELGRAVIA LEISURE INSTALLS DEFIBRILLATION UNITS AT ALL OF ITS FACILITIES

18th August 2016 - CORONER FINDS 2014 WATERMARC DROWNING DEATH WAS PREVENTABLE 

30th March 2016 - WATERMARC BANYULE TOPS LET’S MOVE FOR A BETTER WORLD CHALLENGE

19th November 2013 - WATERMARC MARKS FIRST BIRTHDAY, CELEBRATES 650,000 VISITS