Please see above a live TV video clip of Mark Jerram (live on GMTV and another clip from Channel 4)
following an announcement on 8th May 2008 that £1 Million compensation had been awarded to Sam Harris (11)
after he was badly injured on a bouncy castle as a result of a freak accident.........However, almost 3 months
later, the top judge in the UK held that the parents who were supervising the bouncy castle should not be held
responsible. Please see below the article from the press and the BBC......
Bouncy castle ruling overturned.
A couple ordered to pay £1 Million damages to a boy who suffered brain damage whilst playing on a bouncy castle
have won their appeal in the high court. This is seen as very good news for anyone responsible for supervising
bouncy castles (or other play equipment) and is a real “victory for common sense”.
Timothy and Catherine Perry were held responsible for the accident two years ago in which 13 year old Sam Harris
was accidentally kicked in the head by a 15 year old boy.
However, yesterday, (1st August 2008) the top judge in the UK – Lord Phillips, took the unusual step of
overturning the High Court ruling in May 2008, that the couple had not been adequately supervising the children
on the bouncy castle.
He declared that it was a “freak and tragic accident”. He also went on to say that "Children at play is a
risky business and accidents will occur."
Legal experts said that this decision was a victory for all people who supervise bouncy castles, who had been
left open to compensation claims by parents even over minor accidents.
The compensation which had been expected to be around £1Million, will not now be paid out.
One leading barrister said: “This appeal simply marks common sense”. It was a tragic accident and one obviously
feels sorry for the boy and his parents, but I am not at all surprised at the outcome”.
During the appeal hearing, Lord Philips said Mrs Perry was under no obligation to keep the bouncy castle
under continuous supervision, and it was not “foreseeable” that it posed a “significant risk of harm.”
He also added that Mrs Perry had acted “reasonably” in believing she could supervise the castle and the
bungee run at the same time.
You can also read more information about this appeal at the following link:
http://news.bbc.co.uk/1/hi/england/kent/7534645.stm
Although this appeal ruling is very good news for the bouncy castle industry as a whole, and in particular anyone
who is supervising a bouncy castle or other play equipment device, it is very important that we reflect on the fact that a young boy was badly injured in a very freak accident.
It is absolutely vital that bouncy castles (and all other play inflatables) etc. are continuously supervised
by a responsible adult. This is mentioned very clearly in the official guidelines for inflatable play
equipment (ETIS7 and the more recent BS EN 14960:2006.
Other key safety points are mentioned in a cartoon safety sheet at:
www.biha.org.uk/safecartoons1
Source:
Daily Mail (1-8-2008)
BBC website.
BIHA
