When the Occupier is at fault you can claim compensation for injuries
sustained due to failure in Duty of Care.
As parents it is inevitable that your children will be injured at some point in their childhood. It’s all part of growing up. However, when they are injured as a result of negligence you are entitled to claim compensation for any injuries your child received.
It is becoming increasingly popular to take children to soft play centres, where, as parents, you expect them to roam free and be relatively safe in that environment. But what if your child is injured through no fault of their own and because of negligence on the part of the company you expect to keep your child safe?
We recently received word that a young girl had been injured in a Soft Play Centre and on examination there was a case to answer. We managed to establish that the incident was a result of negligence and ‘Miss R’ from Stockport was recently awarded £900 in settlement of the claim.
The Occupiers Liability Act 1957 states that “an occupier must be prepared for the fact that children may be less careful than adults”. This means there is a higher duty of care placed on the occupier when children enter the premises.
Under s 2 of OLA 1957, the common duty of care is ‘is to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there’.
Contact one of specialist legal team if you have any questions or for free advice.