Child suffers brain injury on bouncy castle
September 05, 2008
Sam Harris was aged 11 when he suffered a very serious and traumatic brain injury following an accident on a bouncy castle. Sam suffered a fractured skull when a much taller, heavier 15 year old boy who was doing somersaults on the bouncy castle caught Sam’s skull with his heel. Sam has been left with numerous emotional and psychological problems as a result and requires full time care. Sam’s mother has had to give up work to look after him.
Sam and his mother brought a claim for compensation against the couple who hired the bouncy castle (Mr & Mrs Perry). On the 7th May 2008, the Court held that responsibility for the accident lay with Mr & Mrs Perry because the bouncy castle was not properly supervised, the couple failed to pay close enough attention to it in that they allowed children of different ages on the bouncy castle at the same time and they should not have allowed the 15 year old boy to perform somersaults on it.
It is believed that Sam’s claim is likely to exceed one million pounds in view of his need for round the clock care. Mr & Mrs Perry were insured.
This follows the case of Jordan Dixon the 5 year old who died following head and lung injuries on the 9th August 2003 after falling off a bouncy castle.
Jo Chapman, Partner at Bolt Burdon Kemp solicitors was invited to discuss this case with Jon Snow on Channel Four news on 9th May 2008 in view of her extensive experience of head injury cases. Jo said “it is not necessary to suggest that children should not have fun, there is no point being a child if you cannot have fun but children depend on adults to look after their safety…the hire contract would have required the play to be supervised at all times”. Click here for Channel Four interview.