Father awarded £41,000 pay-out

Michael Hall: appeal victory

A HIGH Crompton dad who ended up with a broken jaw and multiple smashed teeth after a set of football goalposts collapsed on him during a kickabout with his son has won his fight for compensation.

Prosthetic limb designer Michael Hall was playing as goalkeeper in the match on the children’s playground at the Holker Estate Caravan Park, in Cark, Grange-over-Sands, Cumbria, when he became entangled in the net, having failed to stop a shot by his 11-year-old son, Thomas.

His struggles in the net brought the metal goalposts crashing down on to his face, breaking his jaw, chipping his nose bone and shattering his upper teeth.

Mr Hall (45) sued the managers of the caravan and campsite, Holker Estate Co Ltd, claiming not enough had been done to ensure the goal posts were safely pegged to the ground.

His claim was dismissed by a judge at Oldham County Court in November last year.

However, that ruling was yesterday reversed by three Appeal Court judges, who awarded Mr Hall £41,500 damages for his injuries.

Sir Mark Potter said some of the pegs which should have secured the goal posts had been removed by campers for their own purposes and that created a “want of safety” and a known risk that the estate was obliged to guard against.

Earlier, Mr Hall’s barrister, Doug Cooper, said the Hall family owned a part-share in a static caravan at the Holker site — which is close to Holker Hall, one of the nation’s most celebrated stately homes.

Mr Hall was four days into a week-long stay in August, 2003, when the accident occurred.

Mr Hall was retrieving a ball when he caught his foot in the netting, which was hanging down curtain-like between the posts.

As he lay on the ground, the goal fell on top of him, the cross bar striking his face, said Sir Mark.

The judge at the county court dismissed the claim on the basis that there was no evidence of any similar accident, or near-miss, occurring with the goal posts, and the accident was not reasonably foreseeable.

However, Mr Cooper told the Appeal Court: “The management were required to take such care as was reasonable to see that the users would be reasonably safe.

“The stability of the goalposts was being reduced by the removal of the pegs. A risk to the users of the goalposts existed,” he said.

“At the time of the accident, the equipment was not safe to use, and the respondent knew there was a problem with the pegs used to secure the goals before the accident happened.”

Allowing Mr Hall’s appeal, Sir Mark said: “It was known that campers would purloin the pegs in order to use them for camping purposes. It seems to me there was a duty to have at least a daily inspection.”

After the hearing, Mr Hall’s wife, Karen, said: “We are relieved that it’s over. The whole experience has been a nightmare.”

His solicitor Keith Hetherington of Mellor and Jackson said: “The damages will secure proper treatment for his teeth over the coming years.”