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Compensation culture
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A teenager left brain damaged after being kicked on a bouncy castle has won his damages claim against the parents who hired it for their triplets' party.
Sam Harris, now 13, of Spalding, Lincolnshire, suffered a broken skull when a 15-year-old boy kicked his head at the party in Strood, Kent, in 2005.
Mr Justice David Steel said Timothy and Catherine Perry, who hired the castle, had not provided enough supervision.
Damages, for which Mr and Mrs Perry are insured, are likely to exceed �1m.
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Sam was hurt when the much taller 15-year-old boy caught the left side of his head with his heel while somersaulting on the castle.
Counsel for Mr and Mrs Perry said Mr Harris should have ensured his son, who has Asperger syndrome, did not go anywhere near the inflatable.
The judge said he found it probable that Mrs Perry did give Sam permission to use the castle but that the level of supervision was inadequate.
http://news.bbc.co.uk/1/hi/england/kent/738977 5.stm
What would have happened if the aspergers sufferer was over 18 and didn't have a parent or guardian to supervise?
If this happens in civil court, does it set a precedent for the parents of (or if over 18 then the sufferer) be taken to criminal court and be charged?
Sam Harris, now 13, of Spalding, Lincolnshire, suffered a broken skull when a 15-year-old boy kicked his head at the party in Strood, Kent, in 2005.
Mr Justice David Steel said Timothy and Catherine Perry, who hired the castle, had not provided enough supervision.
Damages, for which Mr and Mrs Perry are insured, are likely to exceed �1m.
---
Sam was hurt when the much taller 15-year-old boy caught the left side of his head with his heel while somersaulting on the castle.
Counsel for Mr and Mrs Perry said Mr Harris should have ensured his son, who has Asperger syndrome, did not go anywhere near the inflatable.
The judge said he found it probable that Mrs Perry did give Sam permission to use the castle but that the level of supervision was inadequate.
http://news.bbc.co.uk/1/hi/england/kent/738977 5.stm
What would have happened if the aspergers sufferer was over 18 and didn't have a parent or guardian to supervise?
If this happens in civil court, does it set a precedent for the parents of (or if over 18 then the sufferer) be taken to criminal court and be charged?
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I sympathise with the mum with the brain injured child but it is a real shame that she has sued after a party.
I only take my son to organised parties for his birthday, having them at home is too risky.
Food allergies, stings and accidents, too too risky.
At my son's party, one boy fell down the slide, shall I await the summons.
What a terribly sad society, in which we live.
I only take my son to organised parties for his birthday, having them at home is too risky.
Food allergies, stings and accidents, too too risky.
At my son's party, one boy fell down the slide, shall I await the summons.
What a terribly sad society, in which we live.
it applys in most all situations now, i have been a mobile dj for over 30 years and have recently been asked for public liability insurance by hilton hotel chain in case someone trips over my gear or it falls on them, what a bl**y laugh. never had an accident in 30 odd years. hilton say they dont want to be sued. does this mean that everyone who attends weddings, partys, etc at hilton must also have insurance in case someone trips over a handbag, shoelace or matchstick...... its just too stupid for words, the american sue culture has crept up on us here in uk, it makes my blood boil.
I hate bouncy castles. And trampolines.
What would have happened if the aspergers sufferer was over 18 and didn't have a parent or guardian to supervise?
Very good question. I find it hard to believe anything like this would come out of it, but you don't know really.
My general thoughts on the case:
If the Harris kid had been allowed on the trampoline, it's difficult to see what the Perry's could have done even had they been supervising properly. Leap through the air in bullet time and stop the kick? I (permanently) screwed up my knee on a trampoline (unsupervised) when I was child. But what exactly could the parents have done about it even if they were watching?
Even if they are at fault, �1 million is ridiculous.
What would have happened if the aspergers sufferer was over 18 and didn't have a parent or guardian to supervise?
Very good question. I find it hard to believe anything like this would come out of it, but you don't know really.
My general thoughts on the case:
If the Harris kid had been allowed on the trampoline, it's difficult to see what the Perry's could have done even had they been supervising properly. Leap through the air in bullet time and stop the kick? I (permanently) screwed up my knee on a trampoline (unsupervised) when I was child. But what exactly could the parents have done about it even if they were watching?
Even if they are at fault, �1 million is ridiculous.
SAINTPETER so if i was at a wedding and you were blasting agadoo out and 1 of your speakers fell on my head and caused me a head injury that meant i could not work again do you think i would not sue you for loss of earnings for the rest of my life.too right i would.....and if i got a million quid from you then so be it.................
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No, but newsdesk's right in theory. If you leave children to play, unattended, then items such as trampolines and bouncy castles/slides can be dangerous. A friend's child bounced off one of those castles at another friend's party, and smacked his head on a garden ornament. If an adult'd been standing in close proximity, this wouldnt've happened.
. If an adult'd been standing in close proximity, this wouldnt've happened.
Um, why? What could they have done? Watched him smack into the ornament? I suppose they could've caught him, but that would only have been possible had he bounced off pretty near them. And when you consider it, most people when supervising such stuff usually sit down etc. so it doesn't actually have much preventive value.
The sheer fact of the matter - that someone seriously needs to tell the Perrys - is that stuff like this just happens. It always has, and always will, and it's incredibly unfortunate. But kids mess around, and at some point someone ends up getting hurt.
Adults should obviously be around to enhance 'reaction time' and treating the child in question, but really there isn't much they can do to prevent it.
The whole idea of bringing compensation and things into events like this is just stupid and it doesn't really help anyone.
Um, why? What could they have done? Watched him smack into the ornament? I suppose they could've caught him, but that would only have been possible had he bounced off pretty near them. And when you consider it, most people when supervising such stuff usually sit down etc. so it doesn't actually have much preventive value.
The sheer fact of the matter - that someone seriously needs to tell the Perrys - is that stuff like this just happens. It always has, and always will, and it's incredibly unfortunate. But kids mess around, and at some point someone ends up getting hurt.
Adults should obviously be around to enhance 'reaction time' and treating the child in question, but really there isn't much they can do to prevent it.
The whole idea of bringing compensation and things into events like this is just stupid and it doesn't really help anyone.
Kromovaracun - I know from some of your previous posts that you like to stir it up and start discussions, but there is a difference between being controversial and being stupid, which you most certainly are with the above rant.
First of all you said that someone seriously needs to tell the Perrys that stuff like this just happens.
The Perrys were the family who hired the Bouncy Castle!
Did you mean the Harris family who's 13 year old son with Aspergers was injured?
If so then your comment was disgraceful.
This family took their son along to a party presuming that the level of care would be sufficient to protect him
And as for your comment that an adult supervising couldn't have done anything to prevent this accident - I think this speaks volumes for the type of person that you are, because the vast majority of people would take the appropriate action to realise that someone could be hurt as a result of people misbehaving on the bouncy castle.
This wasn't a bouncy castle at a funfair, it was a private party where everyone would know the majority of the other people there and you could tell a child to behave or you would tell their parents.
According to you the Harris family should just accept that their already handicapped son has been injured through no fault of their own and just get on with it !!!! Utter Rubbish.
The amount of the award is also questioned, but this amount may not even be enough to cover his medical bills for the rest of his life.
I hope that Kro.... is never in the same position, but if they ever are then I'm sure they would be trying to get every penny to cover the bills etc.
Kro... - engage brain before committing anything to paper.
First of all you said that someone seriously needs to tell the Perrys that stuff like this just happens.
The Perrys were the family who hired the Bouncy Castle!
Did you mean the Harris family who's 13 year old son with Aspergers was injured?
If so then your comment was disgraceful.
This family took their son along to a party presuming that the level of care would be sufficient to protect him
And as for your comment that an adult supervising couldn't have done anything to prevent this accident - I think this speaks volumes for the type of person that you are, because the vast majority of people would take the appropriate action to realise that someone could be hurt as a result of people misbehaving on the bouncy castle.
This wasn't a bouncy castle at a funfair, it was a private party where everyone would know the majority of the other people there and you could tell a child to behave or you would tell their parents.
According to you the Harris family should just accept that their already handicapped son has been injured through no fault of their own and just get on with it !!!! Utter Rubbish.
The amount of the award is also questioned, but this amount may not even be enough to cover his medical bills for the rest of his life.
I hope that Kro.... is never in the same position, but if they ever are then I'm sure they would be trying to get every penny to cover the bills etc.
Kro... - engage brain before committing anything to paper.
Firstly dartagnon, there is little point in calling someone stupid as all you do is undermine your own argument.
The parents of the child with aspergers (Sam Harris), if they were worried about the older children playing on it , should not have let him on the bouncy castle.
It is pretty apparent to me that a child with aspergers does need more care than another child as aspergers sufferers are more 'detached' from reality.
The parents are the ones in my mind who had a duty of care to their child and neglected to carry that out. You cannot pass that responsibility on to other people who have no experience of aspergers.
The parents of the child with aspergers (Sam Harris), if they were worried about the older children playing on it , should not have let him on the bouncy castle.
It is pretty apparent to me that a child with aspergers does need more care than another child as aspergers sufferers are more 'detached' from reality.
The parents are the ones in my mind who had a duty of care to their child and neglected to carry that out. You cannot pass that responsibility on to other people who have no experience of aspergers.
The Perrys were the family who hired the Bouncy Castle!
Did you mean the Harris family who's 13 year old son with Aspergers was injured?
I did. Typo on my part due to a rushed response. Sorry.
everyone would know the majority of the other people there and you could tell a child to behave or you would tell their parents.
Yeah. Good luck with that.
The fact of the matter is that kids mess around regardless of what adults say to them. Sure, you'll get some deterred by things like the above, but kids just ignore it. Do you seriously think the 15-yr-old attempting somersaults would've listened? Honestly?
as for your comment that an adult supervising couldn't have done anything to prevent this accident [...] the vast majority of people would take the appropriate action
Like what? Leap Hollywood-style through the air and intercept the kick? Tell the 15-yr-old kid not to do somersaults (which he'd almost certainly ignore)? Tell the Harris boy not to go on the trampoline? (Easy to say in retrospect but without this knowledge of what would happen I sincerely doubt many parents would do so)
Bear in mind what 'supervision' at a birthday party usually entails - adults are usually sitting down, watching the kids and chatting, and sometimes there might be one standing around by or in the area the kids are playing in. In this case I accept that they should've been there, but even had they been it wouldn't have made a jot of difference.
According to you the Harris family should just accept that their already handicapped son has been injured through no fault of their own
What I'm saying is that kids get injured all the time because they mess around. It's unfortunate and in this case tragic but it just happens. And always will. It's totally unreasonable to fine a family (especially such a high sum)
Did you mean the Harris family who's 13 year old son with Aspergers was injured?
I did. Typo on my part due to a rushed response. Sorry.
everyone would know the majority of the other people there and you could tell a child to behave or you would tell their parents.
Yeah. Good luck with that.
The fact of the matter is that kids mess around regardless of what adults say to them. Sure, you'll get some deterred by things like the above, but kids just ignore it. Do you seriously think the 15-yr-old attempting somersaults would've listened? Honestly?
as for your comment that an adult supervising couldn't have done anything to prevent this accident [...] the vast majority of people would take the appropriate action
Like what? Leap Hollywood-style through the air and intercept the kick? Tell the 15-yr-old kid not to do somersaults (which he'd almost certainly ignore)? Tell the Harris boy not to go on the trampoline? (Easy to say in retrospect but without this knowledge of what would happen I sincerely doubt many parents would do so)
Bear in mind what 'supervision' at a birthday party usually entails - adults are usually sitting down, watching the kids and chatting, and sometimes there might be one standing around by or in the area the kids are playing in. In this case I accept that they should've been there, but even had they been it wouldn't have made a jot of difference.
According to you the Harris family should just accept that their already handicapped son has been injured through no fault of their own
What I'm saying is that kids get injured all the time because they mess around. It's unfortunate and in this case tragic but it just happens. And always will. It's totally unreasonable to fine a family (especially such a high sum)
* sorry, actually it seems you can pass the responsibility on in the eyes of the law.
Sadly, this is another step in making our society more cynical and more private.
I chaired a committee that tried organising an event last year on St Georges Day. Sadly, health and safety, red tape etc all got in the way and nothing happened.
With items like this appearing in the news, I don't think you will have many people mixing and inviting other children to play.
Sadly, this is another step in making our society more cynical and more private.
I chaired a committee that tried organising an event last year on St Georges Day. Sadly, health and safety, red tape etc all got in the way and nothing happened.
With items like this appearing in the news, I don't think you will have many people mixing and inviting other children to play.
The Perry family may suffer an increase in their insurance premiums, but to say that they were fined is (yet again) rubbish.
I see the dramatisation of the "flying through the air to stop the kick" was mentioned again.
What colour is the sun on your planet??
Responsible people would ensure that if the saw a situation develop which could cause injury etc.. then they would do something to prevent it and the family of the young boy who was injured were entitled to expect that.
The bottom line is that the people who organised the party presumed that nothing untoward would happen at their party but tragically something did and the only good thing to come out of it is that they were adequately insured.
I see the dramatisation of the "flying through the air to stop the kick" was mentioned again.
What colour is the sun on your planet??
Responsible people would ensure that if the saw a situation develop which could cause injury etc.. then they would do something to prevent it and the family of the young boy who was injured were entitled to expect that.
The bottom line is that the people who organised the party presumed that nothing untoward would happen at their party but tragically something did and the only good thing to come out of it is that they were adequately insured.
Oneeyedvic - what makes you think that I don't have children?
Can I presume that if you were at one of these parties and you saw behaviour which may injure someone then you wouldn't want to get involved as it's none of your business?
What you have to remember is that the boy who was injured was only 10 at the time of the incident.
Either the Perry family didn't ask anyone to supervise the bouncy castle or whoever was asked didn't do it properly.
Both you and Krom... are assuming that any child spoken to will ignore you and refuse to stop their actions.
As I pointed out earlier this was a private party and I appreciate that children get a bit boisterous, but if they are told in a firm enough manner to behave then they will do so.
And as for your comment "they were insured ....so that's okay then" - I find that remark flippant, ill informed and silly.
I merely pointed out that it was fortunate for the parents of the injured boy that the Perry family had the insurance in place otherwise there would have been little point in suing them unless they were particularly wealthy.
The impression I get from some of these postings is that the family of Sam Harris are being a nuisance for daring to sue, but why should they suffer because of the incompetence of others?
I'm sure when they arrived at the party with their son Sam they were given assurances by the Perry family - who would have been aware of his condition - "Don't worry, he'll be okay".
Can I presume that if you were at one of these parties and you saw behaviour which may injure someone then you wouldn't want to get involved as it's none of your business?
What you have to remember is that the boy who was injured was only 10 at the time of the incident.
Either the Perry family didn't ask anyone to supervise the bouncy castle or whoever was asked didn't do it properly.
Both you and Krom... are assuming that any child spoken to will ignore you and refuse to stop their actions.
As I pointed out earlier this was a private party and I appreciate that children get a bit boisterous, but if they are told in a firm enough manner to behave then they will do so.
And as for your comment "they were insured ....so that's okay then" - I find that remark flippant, ill informed and silly.
I merely pointed out that it was fortunate for the parents of the injured boy that the Perry family had the insurance in place otherwise there would have been little point in suing them unless they were particularly wealthy.
The impression I get from some of these postings is that the family of Sam Harris are being a nuisance for daring to sue, but why should they suffer because of the incompetence of others?
I'm sure when they arrived at the party with their son Sam they were given assurances by the Perry family - who would have been aware of his condition - "Don't worry, he'll be okay".
