In March last year, a six year old girl and her elder sister visited the Turf City playground while their mother sat at a nearby café. The child had attempted to climb the slide by grabbing safety netting affixed to the side of the slide. However, the netting broke loose and one of the bolts used to secure the netting sliced through her right leg and left her with a deep gash.
The child’s mother sued the playground operator, Fidgets, and a district court ruled that 75 per cent of liability was attributable to Fidgets and 25 per cent to the mother for leaving her child alone in the playground.
In the company’s appeal, it said it had not been negligent and that the parent should bear greater responsibility for the incident.
However, Judge of Appeal Justice Chao Hick Tin dismissed the appeal and upheld the district court’s decision. Justice Chao said that an operator offering playground facilities for children had the duty to ensure that everything is safe for its users.
