A fairground operator was last week fined £10,000 following an accident at a Birmingham park.
An 11-year-old girl was on a ride called DJ Jump when the lap bar on the car she was sat in failed. She was thrown from the ride, causing her to sustain cuts and brusises and a wound to her head requiring ten stitches.
The owner and operator of the ride pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The case illustrates that not only employees can be injured as a result of failings on the part of employers, and that members of the public are also exposed to significant dangers when defective equipment is provided.
Members of the public are afforded protection under the Occupiers’ Liability Act 1957. Under section two of that act occupiers must discharge a common duty of care to see that visitors are safe in using the premises. In the case of a public place such as a fairground, it would be the operator who owes it’s customers that duty of care.
If you have been injured as a result of an accident in a public place please contact Gregory Abrams Davidson LLP for advice on the above number.