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Posted By Haggis JM
While sympathising with the parents over their loss, I have to say I agree totally with the Appeal Judges.
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Posted By Raymond Rapp
I am not sure financial compensation is appropriate in this case. Money can never replace a person, but might help if the victim was an wage earner, clearly not so in this case.
Not read all the facts of the case but perhaps the money would be better spent ensuring that the pool is adequately signposted and protected from vulnerable young children.
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Posted By AHS
To my mind if there is likely to be a preponderance of children a known deadly hazard needs adequate controls. Of course money wont bring the child back but it would encourage commercial ventures to risk assess more stringently.
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Posted By bluesail461
Yes accidents DO happen, but surely this incident could have been considered 'reasonably foreseable' that a small child would be attracted to and hence may fall into a pond.
In my view the little fence isnt adequate especially if poorly signposted and the lake is not shown on any plan of the site.
And yes, the parents have the ultimate responsibility of supervising and looking after their own children.
The compensation is awarded on a basis of tort - that a 'wrong' has been committed by one party to another, the appeal judges probably felt that in the balance of things the parents and the owners of the park were equally to blame, and an accident occurred, therefore why should an award be made?
At the end of the day it is a horrible tragedy - the onus must be on prevention - to stop this happening again at ANY park
jez
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Posted By SNS
For a marginally more balanced report look at: http://www.telegraph.co....as-accidents-happen.html however, in the printed version yesterday it stated that a map of the site was handed to all arrivals which indicated the location of the pond.
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