A five year old boy, who was hit by a falling window frame when just an infant, has been awarded an interim falling window compensation payment of 800,000 pounds for his injuries.
Alexander Dance from Southwark, London, was just four months old when the incident happened in October 2006. He was being pushed in his buggy by the Dover Castle Youth Hostel in Borough by his mother, Patricia, when a five foot high window fell from the window and fractured his skull. After spending five days in intensive care, Alexander was diagnosed with having experienced a brain haemorrhage and will require constant care for the rest of his live.
The owners of the property – Foreign Magic Ltd – were subsequently fined 20,000 pounds at Camberwell Magistrates’ Court under the Health and Safety at Work Act, when an examination into the accident revealed that defective window frames had been restrained by chains rather than fixed stays. After seeking legal guidance, Patricia Dance also sued the owners for the personal injury they had sustained on her son.
At the London High Court, Deputy Judge David Pittaway QC found that Foreign Magic Ltd had indeed been negligent in their duty of care to passers-by, and awarded Alexander an interim personal injury compensation settlement of 800,000 pounds. The final total amount of compensation is estimated to be several million pounds.
The interim award will allow the family to move closer to Alexander´s special care school in Chislehurst, Kent, and be used to establish a suitable care and management program for the boy.