THE mother of a two-year-old girl who drowned in a hotel pool while on a family holiday in Greece is launching a civil action against holiday company Airtours.
Linda Wright, whose daughter Kirsty died almost 12 months ago in the Kos resort of Tingaki, has instructed her solicitor to start an action against the firm over alleged negligence.
Airtours' legal department has already written to the family solicitor denying any liability over the death at the Ilios Hotel.
The letter, to John Myles of Blackburn-based Forbes, said the death was a "tragic accident" and was not caused by any "improper performance of the holiday contract."
Mrs Wright, 33, of Pilmuir Road, Blackburn, said today: "This is not about money because no amount of money would ever bring Kirsty back.
"I just want to make people aware of the dangers and stop it happening to somebody else.
"No one should go through what we have. She cannot rest in peace until somebody is made accountable."
Kirsty died just two days before the family was due to fly home.
Parents Lee and Linda had taken Kirsty to Kos for two weeks along with her brothers William and Matthew.
An inquest held in January of this year, in which Blackburn, Hyndburn and Ribble Valley coroner Michael Singleton recorded a verdict of accidental death, heard how the youngster had left her parents' sight for a "matter of minutes."
Kirsty was spotted in the hotel's spa-pool by a fellow holidaymaker. Attempts to resuscitate her failed.
Although Airtours have denied liability, more stringent safety measures were put in place after Kirsty's death.
At the inquest it was revealed a locked gate and railings had been installed on the spa pool. A bush that obscured the view had also been cut back.
Mrs Wright's solicitor said he was currently preparing proceedings for the civil action, which would be issued at Blackburn county court in the next few days.
In the letter to Mr Myles, the company said:
It did not accept there was any breach of 'statutory duty' with regard to depth, access or visibility of the spa pool.
The pool and its surrounding area complied fully with local regulations.
Regular checks were made on all the properties used by Airtours and "reasonable systems" were in place.
There was not a lack of first aid.
Mr Myles said: "I am disappointed that Airtours has concluded that they are not going to pay out in what would in effect be a relatively modest amount of compensation, and are now going to force the family to issue court proceedings.
"In fact, so far as the family is concerned the monetary compensation is very much secondary.
"They would like an acknowledgement that there were faults at the hotel, particularly with regard to the spa pool, which if properly dealt with could have avoided this tragedy.
"We know that stringent security measures have been introduced since the accident. There is no reason whatsoever why they shouldn't have been in place before."
A spokesman for Airtours said it stood by the letter and pointed to the verdict of accidental death recorded at the inquest.
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