A nine year old child who was injured by his 10 year old friend at a crazy golf birthday party has succeeded in pursuing a claim for his injuries against the amusement park owner and the parent of the child hosting the party. In the case of the Bosworth Water Trust v SSR and others [2018] EWHC 444 (QB) the High Court dismissed an appeal by the Bosworth Water Trust against an earlier decision in the County Court that they were liable for the injuries of the child SSR. Judgment was given on 12 March 2018.

SSR was hit on the side of his face by a golf club swung by his friend J on 14 September 2013. He sustained serious damage to his left eye. J’s mother had paid for the boys and two others to go on the crazy golf course and each boy had been given a metal putter by Bosworth’s employee. The boys had played a number of holes when J got frustrated on one of the holes and took a full swing with his club and it came into contact with SSR’s head. J’s mother did not see the incident but she heard SSR scream and went to help him.

SSR sued Bosworth and J’s mother alleging that they were negligent in causing or permitting an injury. They denied liability. The Court held that both Bosworth and J’s parents owed SSR a duty of care. This was a duty to take reasonable steps to keep SSR (and the other boys) safe from harm. The extent of the duty might differ as between Bosworth and J’s parents; determining what was reasonable for each of them depended on the circumstances generally, and the nature of their relationship with SSR specifically.

The Judge decided that Bosworth was in breach of their duty of care in failing to carry out a risk assessment. They should have undertaken a risk assessment to identify any risks to the public and take appropriate and reasonable action to mitigate those risks. That was not done and Bosworth was in breach of its duty of care that it owed SSR. A warning notice should have been posted to instruct visitors how to play safely and for example warning participants not to swing their clubs.

J’s mother said that she had asked the boys whether they have played crazy golf before and they all said that they had. She reminded them to keep clear of the putting area and keep their distance whilst each player took a turn. J’s mother did not tell the boys not to swing their clubs. J was a boy who had character traits which meant he required firm handling. In all probability J would had not swung his club if he had been told not to. The failure to provide firm handling in the form of a clear instruction to J was a negligent failure by J’s mother which put her in breach of her duty of care and which caused the injury SSR.

This is a judgment which is specific to the facts of this particular case, in different circumstances and with different children the parent may not have been in breach of her duty of care. The amusement park owner should carry out an appropriate and reasonable risk assessment. Accidents involving children playing sports or in amusement parks can be quite common (thankfully not all injuries are serious) but not all accidents will give rise to a claim as the duty of care may not have been breached. A claim will depend upon the circumstances of the particular accident.