Man, 22, who ‘was left with brain damage after falling into 15ft pit at a stately home during his school prom’ is suing venue’s owner for £1million
- Tommy Atkins fell into a lightwell at Pendley Manor hotel on June 29, 2019
- The hotel denies Mr Atkins’ negligence claim which is before the High Court
A teenager who says he was brain damaged falling into a 15-foot pit during his school prom at a stately home hotel is suing for £1m.
Tommy Atkins, from Berkhamsted, Hertfordshire, had just turned 18 and was celebrating graduating from sixth form with around 100 other pupils when he fell into a basement lightwell while talking to his girlfriend on his phone.
The accident took place in June 2019 at Pendley Manor, a Grade-II listed Victorian stately home hotel and spa, set in 35 acres of parkland at Tring, Hertfordshire.
Mr Atkins, now 22, says he suffered a serious head injury in the fall, which has left him with lasting brain damage.
He is now suing the hotel’s owner, Craydawn Pendley Manor Ltd, claiming over £1m in compensation.
Tommy Atkins, pictured, suffered brain damage after falling 15-20ft into a lightwell at Pendley Manor in Tring during his 2019 school prom
Mr Atkins claims the hotel was negligent by not properly alerting patrons to the lightwell or failing to cover the hole or surround the area with a large wall
But the company is defending the case and denying the lightwell was dangerous, claiming Mr Atkins was ‘intoxicated’ and responsible for his own fall.
In papers lodged with the High Court in London, Mr Atkins’ lawyers claim their client was attending a school prom at the hotel on June 27, 2019 when he fell 15-20ft into a basement light well.
His legal team claims the area was poorly lit and was surrounded by a three-foot wall. They claim there was only one working light and there was no signs warning of the potential danger.
At around 10.30-11pm Mr Atkins stepped out from the prom and called his girlfriend.
According to the legal documents: ‘It is likely, on the balance of probabilities, that he sat on the low wall surrounding the uncovered basement lightwell, overbalanced and fell into the basement, suffering serious injury, loss and damage. Alternatively, he stood near and fell over the low wall into the basement.’
Mr Atkins’ legal team claims the accident was caused by ‘negligence’. They said the hotel should have placed a cover over the lightwell, or install warning signs alerting patrons about the drop.
But in the defence to the action, lawyers for the hotel’s owners say the lightwell was surrounded by a ‘substantial wall on all sides.’
‘The claimant himself has given varying and contradictory accounts of what he was doing immediately before his fall,’ they say.
‘The claimant has confirmed to his medico-legal exports that he has no recollection of the fall.
‘Accordingly, the claimant is unable to advance a positive case as to the cause of his fall or the factors which led to it.
The Grade-II listed stately home denies it was negligent and said they have welcomed more than 130,000 customers over the past 30 years and never had a similar incident. Its legal team suggested Mr Atkins may have been intoxicated when he fell
‘Post-accident the claimant was recorded as being intoxicated by alcohol by the ambulance service some hours after his fall.
‘It may accordingly be presumed that the cause of the claimant’s accident was his attempting to climb the wall in an intoxicated state and losing his balance.
‘The fact of the fall is accordingly not indicative, let alone probative, of any negligence or breach…by the defendant.’
It goes on to add that the hotel has 130,000 customers per year and in the 30 years since they were installed, no guest or visitor has ever fallen into one of the lightwells around the manor.
At a brief pre-trial hearing last week before judge, Master Victoria McCloud, Mr Atkins’ barrister Anthony Goff said that after he was reported missing, his mother had gone to the hotel to help look for him.
He was discovered when someone taking part in the search ‘happened to look down into the lightwell, and that’s how he was found’.
Lawyers estimate that the claim, if successful, would be worth more than £1 million.
The case will return to court for a full trial of the dispute at a later date, unless settled outside court.
MailOnline has approached the hotel for a comment.
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