IRL High Court rules owners of children’s play park are not liable for injuries sustained by child.

Byrne [A minor] & anor -v- Stephen Bell Trading as Bumblebees

Cross J ruled that the defendants, who owned a children’s play area, were not liable for injuries sustained by a child on their premises.

 

The plaintiff, bringing the action through his next friend, his father, alleged that the injuries sustained by him during a visit to the play area were caused by reason of a negligence of the defendants in the layout of the premises and their failure to have any adequate supervision or intervention to prevent danger, or the accident such as occurred.

 

In dismissing the action, Cross J stated: “You cannot ensure against all mishaps or accidents to young children. Accidents, injuries, do happen from time to time and do so without any fault. Play areas such as Bumblebees are an important part of the development of children who are, as in this case, generally far safer there than in some regimes where prudent parents will allow their children to play entirely unsupervised, for example, gardens with trees.”

 

The full judgement can be read here:

http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/8aa718002019a30380257b340058fecb?OpenDocument

 

S.Major, Lacey Solicitors

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