Harris v Perry and others [2008] EWHC 990 (QB)
The facts: An 11 year old sustained a severe brain injury caused by a much taller and heavier 15 year old, when playing on a bouncy castle. The 15 year old's heel had accidentally struck C's head as they were both somersaulting.
D had hired the bouncy castle to entertain guests attending their triplets' 10th birthday party. They erected it in a public area. C and the 15 yr old had not been invited to the party. They were attending a football training session nearby and had just joined in the fun.
C's case was that he had been granted permission by D; which was denied. C's claim was based on D's failure to adequately supervise the attraction.
The decision: D were liable. On the facts, D had granted permission to C. Their failure to keep a continuous watch and to prevent the much larger child from playing with the smaller children, and C in particular, were both causative of the injury.
Comment: Anyone who hires a children's attraction like this must ensure that they are adequately supervised at all times. The facts of this case are similar to a less severe injury claim reported last year: Mountford v Newlands School & Another [2007] EWCA Civ 21 in which a school was held liable for the injury sustained in a rugby tackle caused by the mismatched weight of a much older child.
According to The Times Online - accidents of this kind are not uncommon: 'A recent government survey estimated that bouncy castles caused between 2,500 and 3,000 injuries each year.'
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