A former professional rugby died of a heart attack after rushing into the sea to rescue his two children after they got caught in a rip current, an inquest has heard.
David Fell, 55, was staying at Haven's Reighton Sands holiday park with his family when he got into difficulty in the water off the Yorkshire coast last year and his body was later recovered by a RNLI lifeboat.
Assistant coroner for North Yorkshire Oliver Longstaff ruled that he had not drowned due to the lack of fluid found on his lungs but more likely he had suffered a cardiac arrest brought on by the stress of the situation - though this could not be conclusively proved.
Mr Fell, who was a professional rugby league player with Salford and Rochdale in the 1980s, was caught in a rip current and dragged out to sea alongside his two teenage children, who were both saved by other beachgoers.
He had not been in the water originally but entered when his son and daughter were seen to get into difficulties - his daughter was seriously injured and suffered an abdominal aortic rupture.
The RNLI lifeboat eventually retrieved Mr Fell's body.
A postmortem initially established David died from immersion in water, but pathologist Dr David Scoones revised his opinion after the inquest heard he'd not been seen to struggle, shout for help and had never actually reached his children or their rescuers.
He provided evidence that David had a severely narrowed coronary artery that would have left him at increased risk of cardiac arrest.
Recording a narrative conclusion, Mr Longstaff said: "This was a tragedy for the Fell family. The members of the public who rescued his children showed considerable bravery and heroism.
"This incident was not anybody's fault in a legal sense and there was no breach of duty to David Fell.
"I find it significant that none of the witnesses put Mr Fell at the scene of the rescue. He was a strong swimmer and family man and I find it inconceivable that he would not have wanted to participate in the rescue of his children.
"Nobody heard him shout for help. The next time anyone saw him, he was motionless.
"Dr Scoones at no point offered drowning as the cause of death. I asked him to review his evidence in light of the witness statements, and it seems that the stress of entering the water may have increased the risk of cardiac arrest from underlying heart disease.
"The emergency involving his children exacerbated this stress.
"It is an understandable assumption made on the day that he drowned, but this is not proved and the medical evidence is categorically that he did not drown. The cause of death is natural, but in my view this does not do justice to the circumstances."
The inquest, held in Northallerton, heard the RNLI and Scarborough Council decided not to instate a lifeguarding service at Reighton Gap near Filey despite being warned of rip tides.
The RNLI's end of season report into water safety in 2019 included a warning that shifting sand bars were increasing the severity and frequency of rip tides on the coast, leading them to respond to two multiple-casualty 'near drowning' incidents that summer, it was heard.
The inquest was told that the RNLI and council jointly decided in 2019 that despite the higher risk of rip currents, it was 'not practical' to extend the lifeguarding coverage from Filey Bay to Reighton Gap on a permanent basis due to access issues.
Instead, lifeguards stationed full-time at Filey Bay would continue to patrol the 9km stretch of beach including the Gap in a vehicle and additional signage was installed along the path from the caravan park to Reighton Gap.
Born in Wigan, David represented Lancashire in rugby union and league, and was part of the Salford team that won the second division championship in 1991.
David's widow Fiona had criticised Haven for not providing enough signage warning of rip tides, but the company's regional health and safety manager Craig Valentine gave evidence about the measures the park operator takes to advise guests of the dangers.
Although Haven's land ownership ends at the foot of the path from the park to the beach, he said that since 2018 they have entered into a voluntary partnership with the RNLI with the purpose of educating customers about water safety.
These included signs, leaflets distributed around the site facilities, park maps and a welcome email including links to the RNLI website and information on their 'Float to Live' campaign.
In 2019, following one of the multiple rescues at Filey Bay, there were further meetings with the RNLI and closer links were agreed. A poster was recommended for signs, and three were printed and erected on the path and beach cafe at Haven's expense.
Scarborough Council's head of projects Christopher Bourne gave evidence and confirmed that he was responsible for the lifeguarding contract with the RNLI and weekly inspections of lifesaving equipment, as well as the installation of warning signs on council land.
He visited Reighton Gap following David Fell's death and noted a lifebuoy, emergency telephone in working order and three 'Water is Unpredictable' signs on the route from the caravan park to the beach.
He confirmed that warning flags are only operational on beaches manned full-time by lifeguards, and that the three staff working on Filey Bay would conduct rotational patrols up to the Gap in their vehicle.
Since the tragedy, the posters have been replaced by signs warning of the lack of a lifeguard presence, and a further risk assessment of Reighton Gap has been commissioned.
Mr Longstaff added that the warning signs now in place were more informative than those present in July 2021, but added that he had no issue with the content of the previous signage.
