A couple who on 8 May 2008 were found liable to pay injury compensation after an accident on a bouncy castle hired by them for a party, that left a boy brain damaged, have had that decision overturned by the Court of Appeal.

Samuel Harris suffered the injury in 2005 while playing on the bouncy castle when a larger, older boy performed a somersault and accidently struck his forehead.  Samuel suffered a depressed skull fracture and a subdural haematoma in the left frontal parietal lobe, and has been left with severe problems.  The initial decision was based on the allegation that no adult was actively supervising the children on the bouncy castle at the time the accident occurred.

In reaching its decision, the Court of Appeal decided that it was impossible to preclude all the risk that a child may suffer an injury or cause an injury to another child, and therefore minor injuries were to be expected.  Further, it was found to be impractical for parents to keep children under constant surveillance or even supervision, and it would not be in the public interest for the law to impose such a duty upon them.  In the circumstances, the personal injury compensation claim was defeated.

COMMENT:-

The Court of Appeal found that the parents who had hired the bouncy castle for their child’s party were not at fault in the way they acted.  Their supervision of the children using the inflatable play area was in accordance with the demands of reasonable care for the children in these circumstances.  The injuries suffered followed a freak and tragic accident for which no one was at fault.

Many personal injury compensation solicitors were surprised by the original decision to allow the claim to succeed, as it was contrary to other established decisions in similar claims.  Schools and volunteer groups will be relieved that the Court of Appeal has restored the position by confirming that a personal injury claim can only succeed if there has been clear and unequivocal negligence.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been injured in any type of accident, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.  All cases are dealt with on a No Win - No Fee basis and successful Clients keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

This entry was posted on Thursday, August 14th, 2008 at 10:58 am and is filed under ALL NEWS ITEMS, Trips and slips.