Incident Report: Kevin Gay

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Kevin Gay was 47 years old when he sustained a serious head injury after he dived into Marine Lake Lido in Promenade Park on 17 August 2002 at around 17:00 and hit a broken and submerged depth marker, knocking him unconscious. He subsequently drowned before he was recovered from the water. Pauline Gay, his wife, spotted him floating on the surface and raised the alarm. Lifeguard Adam Barry rescued Mr Gay from the water with the help of Peter Stilts, a Red Cross volunteer. He was taken from the scene to Broomfield Hospital, where he later died. 

Eyewitness Lincoln Daniel told the inquest that:

"Swimmers appeared to be walking on water because they were standing on top of the submerged posts which could not be seen as it was murky. It was an accident waiting to happen."

The site was closed and emptied following the death and subsequently underwent significant modifications to its design in the summer of 2003. 

The inquest into his death recorded a verdict of accidental death. The HSE launched an investigation as the site was run by Maldon District Council. The Council was subsequently prosecuted and pleaded guilty at Witham Magistrate's Court on 1 December 2003 to a single breach of section 3(1) HSWA 1974. Sentencing took place at Chelmsford Crown Court, where the Council was fined £75,000 and ordered to pay £125,000 in prosecution costs. 

Mr Gay left behind a widow and two children. His wife brought a personal injury claim against the Council for herself and her two children. The case reached a settlement, which was approved by Mr Justice Jack at the High Court in London on 22 May 2006. The settlement figure was undisclosed. 

 

References

Essex County Standard. 2003. Maldon, Shoebury: Legal action over lake bather's death. 31 October. Available at: https://www.gazette-news.co.uk/news/5446612.maldon-shoebury-legal-action-over-lake-bathers-death/ accessed 15 September 2024. 

Maxam, J. 2003. Council could face action over death. East Anglian Daily Times, 11 March. Available at: https://www.eadt.co.uk/news/21321261.council-face-action-death/ accessed 15 September 2024. 

Essex County Standard. 2003. Maldon: Widow set to sue district council. 4 September. Available at: https://www.gazette-news.co.uk/news/5449096.maldon-widow-set-to-sue-district-council/ accessed 15 September 2024. 

East Anglian Daily Times. 2006. Lake tragedy widow wins compensation. 23 May. Available at: https://www.eadt.co.uk/news/21309606.lake-tragedy-widow-wins-compensation/ accessed 15 September 2024. 

BBC News. 2003. Council prosecuted over drowning. 29 October, 10:12. Available at: http://news.bbc.co.uk/1/hi/england/essex/3223387.stm accessed 15 September 2024. 

BBC News. 2006. Damages for lake drowning widow. 22 May, 11:41. Available at: http://news.bbc.co.uk/1/hi/england/essex/5004722.stm accessed 15 September 2024. 

BBC News. 2005. Lake drowning widow seeks damages. 13 July, 14:17. Available at: http://news.bbc.co.uk/1/hi/england/essex/4679601.stm accessed 15 September 2024. 

BBC News. 2004. Trial set for council lake death. 15 June, 15:56. Available at: http://news.bbc.co.uk/1/hi/england/essex/3809795.stm accessed 15 September 2024. 

BBC News. 2004. Council safety flaw at death lake. 15 September, 18:54. Available at: http://news.bbc.co.uk/1/hi/england/essex/3660114.stm accessed 15 September 2024. 

 

Citation. Jacklin, D. 2024. Incident Report: Kevin Gay. Water Incident Research Hub, 15 September.