Posted By andy.c.
At a popular fast food chain there is a child's activity area, there are two signs on the door the first is a maximum height indicator for admittance 1.4m the second stating that the facility is unsupervised and parental supervision is required.
The issue arose when a young child was hurt by unsupervised older children + 1.4m the young child was removed and a discussion took place with the duty manager who stated that they have no responsibility in the activity area and they don't even go in unless to clear away empties and there are signs to inform people of this.

Can the two signs on the door absolve the company from any duty of care?

Posted By Phil Grace
Andy,
Really difficult to discuss "hypothetically". So much will depend upon the exact circumstances. But in general terms one can not "contract out" of responsibility for injury when dealing with supply of services to the public. Whether that service is a car park, a play facility for children or an entertainment e.g. a theme park.

In general, disclaimer notices will NOT protect a company against claims from a member of the public injured whilst using some facility. It seems - if I understood your description - that a child who exceeded the height limit injured another child who was below the max. In such a case I would (if acting as a lawyer representing the injured) argue that the firm had posted a "rule" but then failed to enforce it and was thus liable. There is no way that one parent can be expected to tell a child or their parent that they have disobeyed the rule and should leave the play facility - that is the responsibility of the supplier of the facility!

Hope this helps.
Phil