Our client was a happy, healthy normal nine-year-old girl who enjoyed school and was doing well in her activities. She enjoyed dancing and was a confident girl who was able to care for herself and related well to her family and friends. Our client was a good student and was able to travel without any problems and socialised well with friends.
Our client attended an amusement park with her family. While at the amusement park, in the area which housed rides more suitable for younger children, our client went on a ride with her brother which spun around.
No instructions were given to our client prior to the ride and the operator even stated that it was a game and that the first person off the wheel was the winner.
While on the ride, it caused our client to spin and land headfirst as the ride ended, causing her to hit the ground headfirst damaging her front teeth. Our client was in shock and very little was done by the workers at the amusement park. She was taken home by her family and who sought medical attention for her.
As a result of the incident, our client sustained significant dental damage requiring many dental procedures. These procedures would limit her future activities to protect her compromised teeth. Her dental treatment plan would also require long term treatment due to permanent damage. As a result of the incident, our client was diagnosed with an adjustment disorder along with anxiety and depression.
Public liability claims are fault-based, which means that for a claim to be successful, fault on the part of some other party needs to be proven. We reviewed the information provided to us by the client and determined she may have a claim for compensation against the amusement park. Expert opinion reports on liability, investigator’s statements and medical evidence were obtained on our client’s behalf.
Calculations of non-economic loss, past treatment expenses and future treatment expenses were considered in the claim and we entered into negotiations with the defendant’s solicitors.
When a claim involves children, there is an extra step which requires the involvement of the court to approve any settlement, called an infant approval hearing. The child’s case is put before the court, who then confirms that the amount that has been offered by the defendant is acceptable in the circumstances of the claim. There can be no final acceptance of the settlement amount without the approval of the court. The purpose of an infant damages’ approval hearing is to ensure that the child’s claim is not under-settled and allows the court to ensure the child’s compensation is appropriately managed and invested until they turn 18 years of age.
In this matter the court was satisfied with the settlement that we obtain for our client and the matter was approved.