Paradise ripples is a new swimming pool complex in parramatta park, owned and operated by wessex ltd. Within the complex there is an area titled 'toddler town' designed as being a safe shallow paddle pool for 2-4 year olds, another area titled 'small fries' for children aged 5-9, a General area for capable swimmers, and grassed area with a cafe offering a takeaway service.

On the opening day, Max a 2 year old toddler playing within toddler town, crawls under the fence into general area and falls into the pool. Max immediately starts sinking and his father Benjamin dives in to save him. Max survives but needs to be treated at the local hospital for brain injury caused by temporary lack of oxygen flow. Benjamin is also diagnosed as suffering with psychological shock as a result of seeing Max coming so close to drowning.

Advise Benjamin of any claim he may bring for himself and his son under the tort of negligence.