Wednesday, 13 November 2013
Nursery liable for back injury caused by defective cot mechanism
However, it is one of those cases that would probably have succeeded in common law negligence as the trial judge found there had been a real and foreseeable risk of injury to the claimant in stretching over the high sides of a cot to lift out a baby. The cot was designed for the sides to slide down but the mechanism was broken.
My full commentary and analysis is Published in Butterworths Personal Injury Litigation Service Bulletin issue 112.