Bouncy castles the hidden damages
The recent landmark judgement in the case of Sam Harris has been widely reported. Sam suffered a broken skull when a 15 year old boy kicked him in the back of the head on a bouncy castle whilst attending a party.
Sam Harris' lawyers say his claim is worth around £1 million in damages as a result of his injuries. Sam suffered a skull fracture resulting in a very serious and traumatic brain injury and now needs around the clock medical and nursing care.
Mr Justice David Steel, at the High Court in London, ruled that the couple (whose party they were attending) were liable and that they should have provided better supervision and not allowed an older child to use the bouncy castle at the same time as younger children.
Janet and David Harris said after the judgement: "Our sole motivation for pursuing this claim was, and has remained throughout, to obtain damages for our son Sam, who suffered a very serious injury in this accident."
Bouncy castles while great fun can be extremely dangerous if adequate supervision is not provided and if injuries occur.
Fortunately for the couple, they were insured and will be able to pay the damages. We urge people who are thinking of hiring bouncy castles to make sure you can provide the necessary supervision and to ensure that you are covered by either home insurance or insurance cover from the hirers.
This ruling may open a floodgate of legal complaints between parents and friends over less serious incidents.
Howard Davies a partner in our firm's Birmingham office stated: "It is over 10 years since I worked on any such case, and it is distressing to see that lessons are not being learnt, with proper supervision bouncy castles are great fun, but home owners and party supervisors must be vigilant at all times. "
"Although there is no suggestion that any alcohol had been taken, I have been involved in cases where there have been suggestions that participants and supervisors have been drinking. My advice on this subject is that bouncy castles and alcohol do not mix."