The incident
The toddler was staying in a lodge with his parents and siblings. He was sitting on the floor in the living room, when he opened the door to the electric log burner. The log burner was a freestanding heating appliance, which was not tethered, secured, or otherwise fixed onto the floor or the wall, this caused it to fall forwards and onto the toddler’s right lower leg. The toddler was diagnosed as having suffered a fracture to his right tibia. He also suffered from psychological trauma and sustained multiple bruises.
A claim was brought against the Lodge by the toddler’s parents.
Investigation
Initial investigations revealed that there had been no previous incidents relating to the free-standing electric log burners. However, there was photographic evidence, which displayed the unstable and unsecured nature of the appliance, and the fact that the appliance gave way from the force of a toddler simply opening the door.
Furthermore, the fact that the Claimant was a toddler he was clearly unable to appreciate the risks or reasonably foresee the possibility of harm arising from the electric log burner.
Legal action and settlement
Despite strong evidence against the Lodge, the Lodge denied liability seeking to blame the toddler and his parents for lack of supervision. Neeta argued that the Lodge owed a common duty of care pursuant to the Occupiers’ Liability Act 1957 (“the OLA”) to take such care as was reasonable in all the circumstances to ensure that its visitors (the toddler) would be reasonably safe in using the premises. Section 2(3) of OLA states the following:
“(3) The circumstances relevant for the present purpose include the degree of care, and of want of care, which would ordinarily be looked for in such a visitor, so that (for example) in proper cases —
(a) an occupier must be prepared for children to be less careful than adults.”
The Lodge had to prove that the accident would have occurred even if adequate care had been taken. Neeta considered it was unlikely that the Lodge would succeed on this point as the electric log burner created a real source of danger that a reasonable person would have recognised as obliging the Lodge to take remedial action. Further, such action would not have been disproportionate in the circumstances; it would not have been expensive or manifestly burdensome to tether or fix the appliance to the floor and/or wall. Neeta argued that the Lodge was negligent by causing or permitting the appliance to remain unsecured and for failing to affix it to the wall or the ground. In any event, based upon the Lodge’s response to the claim, it seemed apparent that no adequate system, nor indeed any system at all, was in place to inspect the Lodge and/or appliances.
Further, the Lodge failed to prevent the Toddler’s access to the log burner by means of a guard or barrier.
Neeta argued that when there is an obvious risk of harm, there is sometimes less need to provide a warning. It did not follow that the Lodge did not need to warn the Toddler and his family as to the risk of injury from the electric log burner. Neeta considered it reasonable to anticipate that families with young children would be staying at the lodge, and as such, appropriate safeguarding measures should have been in place to protect against foreseeable risks, such as this.
Due to the Lodge’s denial of liability, court proceedings were issued and following service of these proceedings, the Lodge agreed to settle the claim.
Parents Feedback
“From the moment we reached out to Dutton Gregory Solicitors, we felt heard and supported. As parents, nothing is more terrifying than seeing your child hurt and nothing more reassuring than having a team who genuinely cares. Throughout the entire process Neeta kept us informed, treated with compassion and never felt like just another case. The settlement has lifted a huge weight off our shoulders, allowing us to focus on our child’s recovery and future. We can’t thank Neeta and the team enough for fighting for our little one.”
Reflecting on the case, Neeta said:
The facts of this claim as extremely sad. This accident should not have happened. This case highlights the serious consequences that can arise when property owners fail to maintain safe environments, particular in settings intended for families and children,
If you or someone you know has suffered an injury, our experienced team is here to help. Contact our Personal Injury team today and Neeta or Emma can give you their advice on whether you have a claim and a better idea of how we can help you live with your injuries in the best way we can.
