I agree, no fault of the child if a gap had appeared in a childrens theme park on a raised platform.The simple principle is - if the child had climbed over the fence then in my view Chessington wouldn't be at fault. HOWEVER, in this case they fell through a gap in the fence, therefore Chessington are very much at fault.
And this is where they failed in duty of care. We can only hope that they have learnt and have made changes across the group to stop this happening againThe simple principle is - if the child had climbed over the fence then in my view Chessington wouldn't be at fault. HOWEVER, in this case they fell through a gap in the fence, therefore Chessington are very much at fault.
nobody could have foreseen water from the roof dripping onto the fence, slowly causing it to rot.
Nobody could have foreseen water from the roof dripping onto the fence, slowly causing it to rot. Prosecuting the park for not inspecting where water drips (which effectively is what it was) seems very excessive and H&S mad.
Nobody is really saying its the girls fault, that would be plain wrong. But, the point is that nobody could have foreseen water from the roof dripping onto the fence, slowly causing it to rot. Prosecuting the park for not inspecting where water drips (which effectively is what it was) seems very excessive and H&S mad. Yes the park should be a safe place and the like, but it was simply a pure accident, neither party is at fault really.
Seems Chessington have been fined £150k after pleading guilty on Friday
http://www.bbc.co.uk/news/uk-england-30780504
Can't really decide if this feels like absolutely sod all, or more than I was expecting?
It's one thing being "H&S" gone mad, it's another entirely when you can't hold onto a hand rail because it's rotten and FALLS APART.