At Lampkin & Co we tend to concentrate on high value cases but given our reputation and our large client base we are often asked to take cases where avoidable injuries are caused in public places.
This case concerned a minor abdominal injury to a very young claimant whilst playing at a commercial play centre. We are normally reluctant to consider such cases as we fully understand that children must be allowed to play and such play inevitably involves risk of injury. However the law dictates that if you are running such a commercial enterprise you must take all reasonable steps to ensure that your young visitors are safe.
A very small defect if not spotted assessed and remedied could cause a life long injury. In this case we easily showed that the operators of the ball park play area just had not done enough to fulfil their duty and could easily have prevented an injury to our client caused by a sharp end of a cable tie.
The settlement was approved at court and thankfully our client had no permanent damage. The centre also apologised and have now changed their procedures which lead to them identifying and rectifying several other danger spot so hopefully more serious injuries have been avoided.