THOMAS (BY HIS TUTOR, THOMAS) V SHAW [2009] NSWSC
510
This case attracted national media coverage and was declared by
some as the end of the childhood 'sleepover'. Thomas, the
plaintiff, successfully sued Mr and Mrs Shaw for damages for a
serious head injury sustained when he fell from a bunk bed while
visiting their home in April 2004.
Key Points:
- Parents and carers must take reasonable precautions to avoid
foreseeable risk of injury to children in their care.
- The defence of contributory negligence will often not succeed
in cases involving children.
The claimant was 10 years old at the time. The bunk bed from
which he fell did not have a guard rail or ladder. The Shaws gave
evidence that the bunk bed did have a guard rail and ladder when
first purchased. However, the guard rail broke within the first
year of use and the design of the ladder was apparently poor and
kept slipping off and so the Shaws decided to remove it.
