How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

My granddaughter aged 5 was playing on our local play area,

Customer Question

Hi, my granddaughter aged 5 was playing on our local play area, which the Borough Council has categorised as a L E A P play area, which is for the use of children upto the age of 8 for such games as chase,tic, hide and seek. Some youth came onto the play area and kicked an hard football into her face, causing injuries that required hospital treatment to the server cuts on her face, which may leaver her with disfiguring marks.
The Council have signs posted at various locations on the play area advising "no ball games", the Council have refused to make the play area a "no ball games bylaw area".
I belive the Council are in breach of there duty of care to the young children's user groups, by allowing football and other ball games on this area to be played.
Am I in a position to sue the Council for negligence ?.
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Are you saying the council are directly liable for this person kicking a ball?
What difference would it have made if there was a bye law?
What injuries were suffered and how long to recover?
Customer: replied 2 years ago.
A bylaw would enable residents to call the police to stop ball games being played on the young children's play area.
Cut face and bruising recovery period and long term effect is not clear at the moment.
The Council should ensure that young children are safe to play on the play area
Expert:  Ash replied 2 years ago.
How much do you want to claim?