Boy awarded damages over bouncy castle accident
Thursday, 8 May 2008
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A teenager who was brain damaged when he was kicked in the head on a bouncy castle today won his damages action against the couple who hired it for their children's birthday party.
Sam Harris, then 11, was hurt when a much taller and heavier 15-year-old caught the left side of his head with a heel while they were somersaulting on the castle in September 2005.
He suffered a skull fracture resulting in a "very serious and traumatic brain injury" and now needs round-the-clock supervision, said his counsel, Susan Rodway QC.
The amount of damages, which are likely to exceed £1m, will be assessed at a later stage if not agreed.
Sam, who brought the case through his mother, Janet, of Long Lane, Gedney Hill, Spalding, Lincolnshire, claimed that Catherine and Timothy Perry, who hired the castle for their triplets' 10th birthday party, were to blame for the accident, which happened on the playing fields behind their home in Jersey Road, Strood, Rochester, Kent.
But the Perrys denied liability and blamed Sam's father, David, who was brought into the proceedings as a third party and a third defendant, on the basis of his alleged lack of supervision.
Mr Justice David Steel, at London's High Court, ruled that the Perrys, who were insured, were liable and dismissed the claim against Mr Harris.
He said that he found it probable that Mrs Perry did give Sam permission to use the castle but that the level of supervision was inadequate.
The accident was caused by the shortfall in supervision - because no-one was in a position to intervene to stop the somersaulting - and by an older boy being allowed to use the castle at the same time as the younger and smaller children.
The judge gave the Perrys permission to appeal because of the ruling's "potential significance", not just to the couple, but also to those who operate inflatable equipment.
He said that if the appeal was not pursued, Sam should receive an interim payment of £100,000.
