Posted on 21st July 2016
With the summer holidays fast approaching, children and families will no doubt be looking to spend a lot of free time in parks and fairgrounds; but how safe are they?
Accidents can arise due to faulty equipment such as swings and roundabouts which are not adequately secured or, the surface of playgrounds not meeting the required safety standards.
A client of mine had an accident on a bicycle in a local park, during her holidays, when a piece of metal was protruding from a grassed area. This resulted in her sustaining significant scarring to her legs. The Council’s contractors who had carried out work on the premises admitted liability. They had not left the area safe for lawful visitors under the Occupiers Liability Act 1957. My client was awarded compensation, approved by a District Judge at an Infant Approval Hearing.
The areas of law which govern safety of playgrounds and fairgrounds include:
Another client was playing in the sandpit at a local park when she stood on a metal nail embedded in the sandpit. The council responsible for the park were unable to demonstrate that they had a reasonable system of inspection and cleaning in place to ensure that the sandpit was raked and checked for any objects, throughout the day, and an award was given for her pain and suffering.
There have also been a number of reported incidents involving accidents on roller coasters at theme parks, one of the most notable ones being the accident at Alton Towers in November 2015. This crash resulted in two leg amputations. The outcome of the investigation was that the accident occurred as a result of human error in the manual override of the ride safety control system, without the appropriate protocols being followed.
Fairgrounds have a duty to ensure that risk assessments have been carried out on all rides and equipment to ensure that they are safe. Training also has to take place for members of staff working in theme parks.
If you do plan to ‘go outdoors’ this summer with your children, I urge you to supervise your children at all times and look out for any warning signs and ensure that rides are suitable for your child depending on their age. Have fun!