Are our parks really safe?

Has your child suffered an injury while playing in the playground? In the recently reported case of Kidby v Heeley (2012) a 5 year old was awarded £1,500. She was cut by an exposed wire in the playground. She suffered a laceration to her leg which healed within 2 weeks and caused temporary scarring. Source: Lexis Nexis. We can help – call us now on 0845 680 4571..

Kidby v Heeley Development Trust

Date at Trial

15 October 2012

General Damages (PSLA)

£1,500

General Damages (PSLA) Today’s Value

£1,500

Major Injury

Right leg laceration

Additional Injury

Scarring

Duration and Prognosis

Right leg 2 weeks – scarring will fade over time

Facts

The claimant, a schoolgirl who was aged 5 years old at the date of the playground accident and 8 years old at the date of the hearing, suffered a laceration to the right leg with residual scarring. She was playing on apparatus in the park when a strand of exposed and protruding wire lacerated the front of her right thigh. The wound was bleeding profusely after the accident. She was taken to hospital where the wound was examined.

The wound was superficial, but had cut through the skin. A nurse cleaned and dressed the cut. Subsequently, the dressings had to be changed on several occasions by the claimant’s GP. The laceration healed within a fortnight of the accident leaving a pale, thin scar measuring 3 cm long. The medical expert advised that the scar would fade with time and would eventually disappear altogether. The claimant was not upset by the appearance of the residual scarring. She was not absent from school on account of the injury and her daily life was not overly effected.

Age at Injury

5 Year(s)

Age at Trial

8 Year(s)

Gender

Female

Total Damages

£1,500

Type of Claim

Occupier’s liability

Court

Sheffield County Court

Judge

District Judge Thompson

Contributor

Stephen Garner, Old Square Chambers