Parents Liable For Child Injured On Hired Bouncy Castle

Harris v Perry and others [2008] EWHC 990

(QB)

The facts: An 11 year old sustained a

severe brain injury caused by a much taller and heavier 15 year

old, when playing on a bouncy castle. The 15 year old's

heel had accidentally struck C's head as they were both

somersaulting.

D had hired the bouncy castle to entertain guests attending

their triplets' 10th birthday party. They erected it in a

public area. C and the 15 yr old had not been invited to the

party. They were attending a football training session nearby

and had just joined in the fun.

C's case was that he had been granted permission by D;

which was denied. C's claim was based on D's failure to

adequately supervise the attraction.

The decision: D were liable. On the facts,

D had granted permission to C. Their failure to keep a

continuous watch and to prevent the much larger child from

playing with the smaller children, and C in particular, were

both causative of the injury.

Comment: Anyone who hires a children's

attraction like this must ensure that they are adequately

supervised at all times. The facts of this case are similar to

a less severe injury claim reported last year: Mountford v

Newlands School & Another [2007] EWCA Civ 21 in which a

school was held liable for the injury sustained in a rugby

tackle caused by the mismatched weight of a much older

child.

According to The Times Online - accidents of this kind are

not uncommon: 'A recent government...