LegalEagleStar

… a kind of Legal Column

Posts Tagged ‘negligence

A Painful Day at the Circus

leave a comment »


Q  I BROUGHT my young daughter to the circus last month when it came to our town. During the performance they invited some of the children into the arena to participate in the act. My daughter being a lively eight year old jumped at the chance. I was a bit reluctant but I didn’t want to be a spoil sport and to cut a long story short, my daughter’s back was injured.

She is now in a lot of pain and now I must take her for physiotherapy twice a week. I have been told by the Doctor that she will probably always have a weak back as a result.

Can I take an action against the Circus or am I to blame for letting her up there in the first place ?

A VOLUNTARY assumption of the risk will most probably be the defence used by the Circus.

While the parent may be held contributory negligent, I believe it is the duty of  the Circus to provide a safe system or way of caring for any child who may attend their performances. A child is very vulnerable and relies on adults to look after him/her therefore it is imperative that activities involving children are safe enough as to provide no element of real danger.

If her injury resulted from the negligence of the Circus people and through no fault of her own I would feel we would have a sustainable action in law. In this case I would feel that the Circus were treading on shaky ground.

THE STAR   Friday  January 5 , 1990

Written by LegalEagleStar

December 29, 2010 at 2:33 pm

%d bloggers like this: