The Prime Minister Teresa May has faced calls for a ban on bouncy castles in public spaces following the death of a 3 year old girl in Norfolk.
The girl was playing on a bouncy castle on Gorleston Beach when it exploded causing the girl to be thrown into the air before suffering a severe head injury on landing. Havant Borough Council has imposed a ban on all bouncy castles and other inflatables whilst the circumstances of the accident are investigated.
The incident follows the conviction of two fairground workers for manslaughter by gross negligence after a 7 year old girl was killed when the bouncy castle she was playing on was lifted in the air and blown 300 metres before colliding with a tree with the girl still inside. She later died from her injuries.
An inquiry into the circumstances of the accident in Norfolk is currently underway. In response to requests for a ban on bouncy castles in public spaces Mrs May promised that “if any findings emerge from the investigation then the necessary recommendations to improve safety will be shared.”
Earlier in the year there were calls for trampoline parks to be regulated following a number of serious incidents in which victims suffered life changing injuries (see our blog on this here). At Jordans Solicitors we consider that bouncy castles are not that dissimilar to trampoline parks and carry similar risks for users. Regulation of the use of bouncy castles in public spaces to prevent any further tragic accidents occurring is required but, with effective regulation, it is not necessary to ban their use altogether.
In both of the above cases, the parents of the victims may be entitled to pursue a claim for personal injury on behalf of their children. To be successful in a claim for compensation the Claimant, or parents acting on behalf of the child Claimant, are required to prove that the operator of the bouncy castle owed the Claimant a duty of care, breached that duty and that their breach caused the injuries.
In providing a bouncy castle for use in a public space, which is likely to attract children and their parents, the operator owes those using the bouncy castle a duty of care to ensure that they are kept reasonably safe whilst using the equipment. That duty of care includes ensuring there is a safe method of anchoring the bouncy castle to the ground and that regular inspections of the bouncy castle are carried out to identify any problems and repair them. If parents are able to prove that there was a breach of the duty of care which caused their child’s accident, they may be successful in a claim for compensation.
If you or your child has suffered personal injury as a result of an accident on a bouncy castle or in other circumstances, at Jordans Solicitors we have a dedicated team of personal injury lawyers available and willing to assist you to receive the compensation you deserve. We work closely with you to fully understand the impact an accident has had on your life to ensure that you receive the maximum compensation for your injuries.