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 13 Year-old boy not liable in playground accident - 1 June 2009
13 Year-old boy not liable in playground accident
The Court of Appeal has held that a teenager, playing tag with another boy in a school playground, was not liable for injuries caused to a playground supervisor when he accidentally ran into her.
Local solicitor, Victoria Solomon, partner at Gloucester solicitors Treasures LLP, and also a part-time deputy district judge commented “This is a victory for common sense. Had the boy been found liable there would have been incredible consequences, with children not being able to run around playgrounds as they have always done! Whilst it is a principle of English Law that accidents do give rise to liability on the part of those partly or wholly responsible it would have been wrong to apply that principle in this case.”
The court held that sometimes pure accidents happen for which no one is to blame. The boy was playing tag. Running in the playground was not against the school rules. It would be a retrograde step to visit liability on a 13 year-old for simply playing a game in the area where he was allowed to do so.
“Notwithstanding the judgement in this case, which was clearly right” Mrs Solomon continued “it offers a salutary reminder of the principle that an accident giving rise to personal injury will, ordinarily, lead to full or partial liability of the person or persons causing the accident.
Victoria Solomon, Member, Treasures Solicitors LLP - Tel: 01452 525351 - E-mail vs@treasures-solicitors.co.uk
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