AN EVENTS manager is suing her drunk bosses who threw her into a pool as a joke while on an expensive company holiday.
Chloe Hewitt was chucked into the swimming pool by the boozed-up salesmen at a luxury hotel on Mauritius.
Champion News ServiceChloe Hewitt was chucked into the swimming pool while on a work holiday[/caption]
Champion News ServiceChloe, from Weybridge, Surrey, emerged from the water bleeding, having cut her foot on the bottom of the pool[/caption]
Champion News ServiceThe pool at Paradis resort, Mauritius, where Chloe suffered accident following a Herbalife party[/caption]
The 26-year-old wants £250,000, saying she landed on broken drink glasses after she was flung into the pool “in jest”.
She was thrown in by intoxicated “distributors” who had been enjoying a “free bar” at the paradise island event organised by health drinks brand Herbalife to reward high-selling salesmen.
Chloe, from Weybridge, Surrey, emerged from the water bleeding, having cut her foot on the bottom of the pool.
She was left with nerve damage which has required two operations and physiotherapy.
The young woman is now suing the company’s European arm, Uxbridge-based Herbalife Europe Ltd, claiming damages on the basis that it had not done enough to ensure the boozy event was safe.
However, Herbalife is denying liability. It argues that the accident occurred during an “after party” which took place when the company’s event had ended, and when Chloe was no longer on the clock.
Herbalife is a worldwide “direct-selling” company, founded in 1980 to sell weight loss shakes, but expanding to produce other nutritional products, which it sells in over 90 countries.
Chloe began working for the company in June 2020, taking a job in regional promotions for Europe and Africa, which required her sometimes to attend events outside of the UK.
As part of her role, she was sent to Mauritius‘ five-Star Paradise Hotel for a training and team-building event, to which Herbalife distributors who had achieved qualifying high sales were invited.
The hotel is part of the Beachcomber Resort, on the island’s Le Morne peninsula.
It features an 18-hole golf course, bars, swimming pools, and where every room faces towards the sea.
Her accident happened at the event’s “farewell party” which took place on June 4, 2022, including dinner, a DJ and a free bar.
Champion News ServiceHer lawyers say the company is responsible for her injury because it did not do enough to ensure she was safe[/caption]
Her barrister, Matthew Chapman KC, said in documents recently filed at the High Court: “At around midnight on 4 June 2022, the DJ continued to play music and the free bar continued to serve drinks.
“The dance floor was located next to the resort swimming pool. Drinks were provided in glasses, rather than plastic containers, and there was broken glass on and around the dance floor.
“Some of the party-goers were exhibiting obvious signs of intoxication. There were no security staff on duty.
“After midnight, the claimant observed a French employee of the defendant being picked up and carried by male party-goers who appeared to be drunk.
“Despite his protestations to be put down, the party-goers threw the member of staff into the resort swimming pool.
“Other members of the defendant’s employed staff were then pushed or thrown into the swimming pool. Suddenly, the claimant was pushed from behind into the swimming pool. She was fully-dressed and was wearing make-up at the time.
“The claimant protested and, as she exited the swimming pool, asked not to be pushed again. She could hear people remonstrating with the responsible party-goers and asking them to calm down.
“The claimant was then pushed forcefully and unexpectedly from behind and back into the swimming pool.
“The claimant was completely submerged under the water and the force of her entry carried her to the base of the swimming pool where she caught her foot on an object lying there and felt an immediate, sharp pain.
“The claimant had caught her foot on broken glass debris which was on the bottom of the swimming pool, having found its way there from glasses containing drinks served at the farewell party.”
Chloe was treated at a local hospital and again back in England to repair a nerve in her foot, but Mr Chapman says she has been left with “significant pain and stiffness, loss of sensation and loss of movement” in her right foot, which is likely to be permanent.
Suing Herbalife, her lawyers say it is responsible for her injury because it did not do enough to ensure she was safe, having allowed its partygoing distributors to carry glasses onto the dancefloor and close to the swimming pool, and also having allowed free drinks to be served to “clearly intoxicated” partygoers.
“The claimant will say that accidents of this kind do not usually occur without negligence in the conduct of the relevant operation,” says her barrister.
In its written defence to the action, Herbalife denies responsibility for anything its distributors did, pointing out that “Herbalife members” are people who run independent businesses selling its products, while Chloe was off the clock by the time of the accident anyway.
The free bar element of the party had only lasted an hour, says its barrister Rory Holmes, while the entire Herbalife event was finished at midnight, after which Chloe was no longer working.
“At midnight, there was an announcement on stage for the purpose of the distributors that the event had finished and the Paradis bar was staying open where drinks could be purchased from the hotel at the expense of the distributors,” he said.
“Once the farewell party ended, the claimant’s time was her own. She was no longer on duty.
“The claimant was naturally free to spend her personal time however she wanted – she could have gone to bed, she could have gone for a walk in the hotel grounds, she could have chosen to be on her own, she could have chosen to socialise with whomever she wished.”
Instead she had chosen to congregate with the distributors by the pool, with the event DJ agreeing to move his equipment and begin a new set there.
“At some point shortly before the claimant’s accident, some of the French distributors decided to push or throw other members of the group, including some of the defendant’s staff members, into the pool.
“This was intended to be in jest, however one of the defendant’s members of staff asked the relevant distributors to calm down.
“The claimant was sitting at high tables to the side of the bar area with other members of staff. She was pushed/thrown into the pool on at least one occasion.
“As the claimant exited the pool, having been thrown in, it was noted that she had a laceration to her foot.
“It is not admitted that the claimant cut her foot on broken glass debris which was on the bottom of the swimming pool, having found it way there from glasses containing drinks at farewell party.”
He said Chloe had said at the time that thought she had cut herself not on broken glass, but on a rounded light, possibly an uplighter which had fallen into the pool.
“The defendant does not condone the actions of the distributors who threw members of the group into the pool,” he added.
“The defendant asked the distributors to calm down, which was a reasonable and proportionate response given what was known at the time.”
“The defendant was entitled to rely, and did rely, upon a reasonably held belief that, at a luxury five-star hotel with a good record, the hotel’s premises/systems would be reasonably safe.
“For the avoidance of doubt, it is not the defendant’s case that the hotel’s premises, systems etc were unsafe.”
Chloe’s claim was recently filed at the High Court, but the case has not yet gone before a judge. It will now go forward to a full trial, unless settled by the parties outside of court.
Champion News ServiceThe hotel is part of the Beachcomber Resort, on the island’s Le Morne peninsula[/caption] Published: [#item_custom_pubDate]
