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£20,000 damages for injury due to playground defects
We acted for a youngster who was 10 years old when she fell off a set of monkey bars, suffering a painful radial fracture of her wrist that required surgery to heal properly and left her with permanent scarring.
Shoosmiths took action against the owner/operator of the playground located on a housing estate in London. Although part of the playground was still under construction, where the accident happened was readily accessible and was used by many children, some as young as five years old.
While she was playing on the monkey bars, our young client slipped off and landed heavily on the ground beneath which was insufficient to provide a safe landing area in case of falls. Indeed, the Royal Society for the Prevention of Accidents had inspected the playground earlier and recommended a high absorbency surface be installed.
This was never done. Rubble and debris on the surface underneath the bars was never removed either. Both these factors were hazardous. The vertical bars were approximately eight feet from the ground, far too high for the age group of children who played there, especially since there was no safe landing area underneath.
Following the accident, the monkey bars were dissembled, itself evidence of how dangerous they had been. The case which used medical evidence about the little girl’s injuries and the ignored RoSPA recommendations was compelling. Without the need to go to court, Shoosmiths negotiated a £20,000 settlement.