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 |