Tort

Two children were injured when playing on a “bouncy castle”.

HELD It is impossible to preclude all risk that, when playing together, children may injure themselves or each other. It is impractical for parents to keep children under constant surveillance or supervision, and it would not be in the public interest for the law to impose a duty upon them to do so. Some circumstances or activities may, however, involve an unacceptable risk to children unless they are subject to supervision, or even constant surveillance.

Adults who expose children to such circumstances or activities are likely to be held responsible for ensuring that they are subject to such supervision or surveillance as they know, or ought to know, is necessary to restrict the risk to an acceptable level. It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and so the parents who hired it did not have a duty of care to keep the children playing on it under constant supervision.