Boy sustained traumatic brain injury after accident on a bouncy castle

Sam Harris now 13 was left brain damaged following an accident on a bouncy castle at a childrens party when he was 11. He sustained a very traumatic brain injury when he was accidentally kicked in the head by an older boy who was somersaulting on the bouncy castle.

Sam’s parents sued the other boy’s parents for negligence. The parents denied liability but Mr Justice Steel in the High Court said “the risks of a damaging collision are manifestly enhanced by mixing children of different sizes on a bouncy castle. I find that the shortfall in supervision was causative of the accident”.

Dangers of Bouncy Castles

Kim Smerdon, a leading personal injury lawyer at Boyes Turner said “This case highlights the potential dangers with the use of bouncy castles. Unfortunately accidents of this type are becoming more widespread as a result not only of mixing children of different sizes and lack of supervision as identified by Mr Justice Steel but also by insufficient matting around the play equipment to soften a child’s landing should he or she fall from the bouncy castle”.

The HSE publish guidelines for the safe use of inflatable devices (“Guidance Note PM76”) and these should be adhered to at all times.

Smerdon continues “It is important to be aware of these guidelines and where an organiser of a party does not comply with the same and someone is injured there may well be a claim for compensation which can be taken against the organisers. If the accident was avoidable and was someone else’s fault then a claim can probably be made”.

If you have suffered or know of someone that has suffered an accident on a bouncy castle then please contact lawyers Kim Smerdon or Julia Appleton in our specialist Personal Injury group.

Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.

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