The Claimant visited the park with her grandson who wanted to have a ride on the Ridge Rider. He was unsure on how to get on the equipment so the Claimant decided to demonstrate this to him. She placed her left leg over the seat but as she attempted to sit down, the ride shot forwards down the track.
There were no handlebars or handgrips or foot rest to enable the Claimant to retain her balance upon the ride. As it came around a bend, she was flung outwards at high speed and landed heavily on the ground sustaining injury.
She had not expected the ride to set off so suddenly also fast in circumstances where she had no handrail or foothold and no means of controlling its speed.
As a result of the accident, the Claimant sustained a serious fracture to the right clavicle which was treated in hospital and she was immobilised in a sling. She recuperated very slowly because the fracture would not unite. She proceeded to surgery involving fixation with a plate and then was referred to physiotherapy.
The Defendant’s insurers put up a vigorous defence but Instructing Solicitors obtained engineering evidence which confirmed that indeed the ride was a real hazard where novice users could simply be thrown off the ride because they did not anticipate the onset of centrifugal forces. Although this ride involved the grandmother showing her grandson, the engineer was of the view that many children would not recognise in advance such dangers and therefore the Ridge Rider provided a real risk that they would sustain injury.
The Defendants conceded the case 3 days before a trial was due to take place.
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