08/05/2008

Brain Injury Victim Wins Damages

A boy who was left brain damaged after an accident on a fun bouncy castle has been awarded damages.

Sam Harris, 13, of Spalding, Lincolnshire, suffered a depressed skull fracture when an older and heavier 15-year-old kicked his head whilst they somersaulting in the castle.

He had been attending a triplets birthday party at the home of Timothy and Catherine Perry, who had hired the castle, in Strood, Kent in 2005.

It is expected that the damages, for which Mr and Mrs Perry are insured, will exceed £1 million.

The couple had claimed that Sam's father was to blame for letting his son, who has Asperger syndrome, use the bouncy castle on playing fields behind the Perry's home. These claims were later dismissed.

Sam's mother Janet brought the case to court and said she and her husband's David's only motivation was to obtain damages for their son.

Representing Sam, Susan Rodway QC said that Mrs Perry was the only adult in attendance and she should have been watching "at all times" and that anything to do with somersaults should have been stopped immediately.

Mr Justice David Steel who presided over the case said that Mr and Mrs Perry had "not provided enough supervision" and that he found it "probable" that Mrs Perry had given Sam permission but that the level supervision was "inadequate".

The High Court heard that Sam who now needs 24-hour care sustained a "very serious and traumatic brain injury".

The Perry's have been given permission to appeal as the ruling will have "potential significance" to those operating inflatable equipment.

Mr Justice Steel said that if an appeal was not pursued, Sam should received an interm payment of £10,000.

Mr and Mrs Harris who are separated said in a statement that they were "very relieved" with the outcome and that the money would help them "obtain the specialist support and treatment that Sam needs".

(DS)


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