Boy Awarded £1 Million Payout For His Bouncy Castle Accident Claim

A boy who was severely brain damaged while playing on a bouncy castle was today awarded almost £1 million in compensation.

The incident happened in September 2005 when Sam Harris, then aged 11 was playing at a neighbours party. He was playing on the bouncy castle on the permission of Mrs Perry who was holding the party. An older boy, Sammy Pring, 15 was also playing on the bouncy castle and accidentally kicked Sam in the head while attempting a somersault.

Sam Harris suffered a fractured skull and ‘extensive brain injury’ as a result of the accident.

Sam’s parents, Janet and David Harris, who are separated decided to take legal action on behalf of Sam against the Perry’s over the incident and today won their case.

Mr and Mrs Perry had tried to counter-sue Mr Harris as he was present at the party, saying that he should have been looking after his son while he was there. The judge dismissed this claim.

The judge ruled that the Perry’s should pay compensation to Sam, saying “I find that the shortfall in supervision was causative of the accident.”

He went on to say that “Sammy Pring should not have been allowed to use the bouncy castle at the same time as the younger and smaller children, as the risks of a damaging collision are manifestly enhanced by mixing children of different sizes on a bouncy castle.”

Mr and Mrs Harris welcomed the ruling, saying that it came as a huge relief and would enable them to get the specialist care that Sam needs as a result of the injury.

They added that they do not wish to stop children having fun at parties such as this, they simply feel that supervision is vital:

“We appreciate that thousands of children enjoy playing on bouncy castles every year and we would not wish to stop that happening,” they said.
“But it is vital that those hiring them supervise them properly if accidents like Sam's are to be avoided”

Some legal experts are worried that the ruling will prompt other parents to bring legal action in a whole host of minor cases where children are hurt while under the care of others.

Lawyer Ian Caplin said that “The concern is that at a children's party where one child whacks another one over the head with a lollipop and causes mild scarring, a parent will want to take legal action”. He admitted that “this particular case is very serious” but is concerned that other “people might consider litigation when they never would before because it gets into the popular mindset” as a result of this ruling.

Kim Daniels, a personal injury lawyer agrees, adding that she could see the ruling making people “thinking twice before they organise parties and that might be a shame.”

Despite her line of work relying on cases such as these, Ms Daniels found the ruling surprising and commented that “It is alarming that you do your best for your visitors and find yourself liable.”

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.