The summer holidays are here and most families look forward to days out with their children and holidays abroad.
When children are taking part in activities it does not cross parents’ minds that they may be in danger in any way and are merely just having fun.
When visiting theme parks, playgrounds or summer fairs the owners of such establishments have a duty of care to the families visiting the premises under the Occupiers Liability Act 1957. They have a duty to make sure that the persons using the facilities are safe.
Children of all ages love nothing more than to go on bouncy slides and castles. Even though these fun attractions are taken down at the end of the event the owners are still liable under the Occupiers Liability act to make sure that the children using them are safe.
Mr and Mrs Peterson contacted Bartletts Solicitors following an accident whilst they were on holiday in Wales. They had visited a family fun day at a local farm. Their son, Thomas, who was five at the time of the accident decided he wanted to go on a bouncy castle which was on site. Whilst he was using the bouncy castle a sudden gust of wind blew the castle up and as the owners of the bouncy castle had failed to secure the castle in place it blew onto its side taking the six children with it. Thomas was thrown from the castle and ended up on the floor. He sustained a fracture to his right arm. The owner of the castle apologised to all the children and the family and no one else was allowed to use the same.
Mrs Peterson recalls that there was no age or height limit restricting children from using the inflatable. He also recalls that there were children using it of all ages.
No one else other than Thomas appeared to be injured as a result of the accident and therefore Mrs Peterson called an ambulance and he was taken to the local hospital where x-rays were carried out and a fracture was confirmed.
The family had booked the holiday for two weeks. The accident occurred after only three days and the family were too upset to carry on with the rest of the holiday and therefore returned home.
Thomas was in a lot of pain for some considerable time and lost time off school also. He returned to school after about six weeks but when he did return to school he seemed to have lost a lot of confidence and did not want to play with the other children. He had only just started school when the accident occurred. Also, as he was just starting to write the injury impeded on his ability to write and it took him considerable time to catch up with his peers in relation to his handwriting.
Bartletts wrote to the owner of the inflatable castle and obtained an admission of liability from their Insurers.
Bartletts arranged for Thomas to be seen by a specialist Orthopaedic Expert who specialist in Children’s injuries as there was concern by Thomas’s Mum that he has not sustained any long term damage. Thomas thankfully made a full recovery from the injuries sustained.
Bartletts recovered the sum of £3,000 for Thomas which was invested for him until he reached the age of eighteen years of age in an investment account with the Court. In addition to that Bartletts recovered damages for loss of enjoyment of the holiday that was ruined and the family were then free to enjoy another holiday later on in the year when Thomas had fully recovered.
With the school holidays here it is hoped that children enjoy themselves during this time. However, if your child is injured in any way on this type of equipment or any other please do not hesitate to contact us and we will be happy to offer any advice to you.
