02/12/2022 0 Comments
Bouncing Castle Accident
Following a confirmation, a ten-year-old child was taken by his parents to a hotel where there was a bouncing castle.
The child, Rean Jay Cabangal, played with friends on the bouncing castle when he had an accident. There was no adult supervision on the bouncing castle, so it was unclear how the boy was injured.
There was no evidence to determine whether the boy fell of his own accord or was pulled or pushed by others. He had fallen off the bouncing castle incurring a broken elbow.
Submissions to the court said the boy suffered a grossly displaced fracture of his elbow. He was taken to Crumlin’s Children’s Hospital where he had surgery. His arm was then put in plaster for six weeks.
Medical evidence said the boy’s injury was potentially serious as there was damage to nerves and blood vessels.
The court noted the boy had made a good recovery and was back playing football within six months of his injury.
It had been a requirement of the bouncy castle company that the hotel would always provide supervision when it was in use.
The hotel, where the bouncing castle was located, had given the bouncing castle owners an undertaking to accept legal responsibility in the event of any legal proceedings.
The court, on hearing the evidence, made an order approving a €40,000 settlement against both defendants.
Sanico v Moriarty Investments Limited, trading as the Courtyard Hotel, Leixlip, and Others Circuit Court (Her Hon. Judge Codd) July 2021a