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Bouncy castle ruling overturned Bouncy castle ruling overturned
(10 minutes later)
A couple found liable for an accident on a bouncy castle that left a boy with brain damage have won their appeal.A couple found liable for an accident on a bouncy castle that left a boy with brain damage have won their appeal.
Sam Harris, now 13, of Spalding, Lincolnshire, suffered a broken skull when a 15-year-old boy kicked his head at a party in Strood, Kent, in 2005.Sam Harris, now 13, of Spalding, Lincolnshire, suffered a broken skull when a 15-year-old boy kicked his head at a party in Strood, Kent, in 2005.
In May, a judge ruled that Timothy and Catherine Perry, from Rochester, had not provided enough supervision for the party on a field behind their home.In May, a judge ruled that Timothy and Catherine Perry, from Rochester, had not provided enough supervision for the party on a field behind their home.
Their lawyers argued they were the same as "parents up and down the land".Their lawyers argued they were the same as "parents up and down the land".
Sam brought the case to court through his mother, Janet HarrisThe couple were found liable for damages, estimated at more than £1m, for Sam, who now needs round-the-clock care. The couple were found liable for damages, estimated at more than £1m, for Sam, who now needs round-the-clock care.
The High Court was told the accident happened during the seconds that Mrs Perry had gone to help another child on another inflatable. The High Court was told the accident happened during the seconds that Mrs Perry had gone to help a child on another inflatable, hired for their triplets' birthday party.
But her lawyers said the judge had applied the wrong test to the conduct of Mrs Perry. Three Court of Appeal judges ruled on Thursday that Mrs Perry could not be held at fault for the "freak and tragic accident".
Graham Eklund QC said: "He was wrong to find that uninterrupted supervision from a permanent look-out or a constant watch was necessary." "The manner in which she was supervising activities on the bouncy castle and the bungee run accorded with the demands of reasonable care for the children using them," said Lord Chief Justice Lord Phillips.
Sam brought the case to court through his mother, Janet Harris
Sam brought the case against the Perrys through his mother Janet Harris, of Long Lane, Gedney Hill.Sam brought the case against the Perrys through his mother Janet Harris, of Long Lane, Gedney Hill.
He was 11 when a much taller and heavier boy caught the left side of his head with a heel.
Lord Phillips said that children played alone or with others in a wide variety of circumstances.
"It is impossible to preclude all risk that, when playing together, children may injure themselves or each other, and minor injuries must be commonplace," he said.
"It is quite impractical for parents to keep children under constant surveillance or even supervision and it would not be in the public interest for the law to impose a duty upon them to do so."