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The family of an 11-year-old girl who suffered a head injury when she was thrown from an unsafe fairground ride may be able to seek compensation for her suffering now the ride operator has been found guilty of health and safety offences.
Birmingham magistrates were told the girl was on a ride called DJ Jump which had been put up in a park as part of a travelling fair in April 2009.
The funfair accident occurred when the lap bar which was holding her in her seat on the DJ Jump failed because of its poor maintenance. She was unable to use a lap belt on the car which might also have prevented from being thrown off.
Her ejection from the ride and fall to the ground caused a five-centimetre cut on her head which needed ten stitches. The girl had many other cuts and bruises.
The fairground operator and owner of the ride admitted breaching the Health and Safety at Work Act and neglect of the apparatus. He was fined £10,000 and ordered to pay £2,708 costs.
Fairground operators are obliged to ensure ride safety systems are properly serviced, that back-up measures can stop the ride safely if the main system fails and secondary restraints, such as lap belts, are maintained adequately at all times in order to protect the public.
Now that liability for the girl's personal injury has been decided, her parents may decide to consult a solicitor with the aim of making a damages claim for her hurt and distress.
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