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Our client was on a fairground ride at a festival in Manchester and went on a ride called the Mexican Wave. The client got onto the ride, had the token in his hand ready to give to the worker and placed the bar across him. The worker set the ride going (client still had taken in hand) when there was some form of malfunction or failure. The ride began and the safety bar flew up causing our client to be thrown into the air when the ride went up and he was tossed out of the ride car and onto the platform. Other children also came from the ride. Our client suffered injuries to both wrists and elbow. He was treated at hospital and was an inpatient for 3-4 days. He underwent surgery to stabilise the left elbow fracture.
The client received just over £9,700 in an out of court settlement. The award was approved by the court as the client is a minor.
A HSE investigation took place and the Defendant was criticised as there were no height restrictions in place for the said ride or any age restriction. The lap belts in some of the cars were also broken and an ergonomics specialist was asked to comment on the suitability of using one seat belt to restrain persons or a single person in the car to see if this was suitable for the said ride.
Katrina Elsey from Irwin Mitchell worked on the case and said: "I would urge ride operators to look carefully at ensuring height, weight and age restrictions are in place for rides."
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