Child accident – Trespass – Personal Injury Solicitors
Child accident injury solicitors acted for a schoolboy who sustained personal injury when he climbed a navigation beacon and dived into the sea whilst on holiday. It was probable that the tide was going out. As a result of the accident the child was paralysed from the neck downwards. He fractured his neck. Members of the public had access to the beach and it was the defendant occupier had lifeguards and a watch tower. There was no severe child head injury.
On hearing solicitors in favour of the child who suffered from personal injury the Judge found that the land owner did everything reasonably possible under the Occupiers’ Liability Act. The land owner’s solicitors successfully argued that it was the child was a trespasser when the schoolboy climbed the beacon. That evidence showed that the location where the child suffered personal injury was not inherently dangerous and did not create a risk as to injury. The risk of injury was the child diving into the water without checking the deepness of the water. The solicitors for the defendant also successfully argued that the defendant had reasonable supervision of the beach and complied with relevant warning about the risk of personal injury to the child.
The child’s solicitors lost the claim.