With the popularity of activity-based parties, such as paintball, rock climbing, petting zoos and inflatable obstacle courses, parties are more fun but also more dangerous than ever before.

So what happen if things go wrong and someone is injured at a party? Are parents and guardians legally responsible for making sure the venue is safe? And if another parent leaves their child at a party alone, are the hosts accountable for their safety?

Sarah Garner, solicitor at DAS Law, explains where the law stands and gives you the vital information you need to know…

Who is responsible if a child is injured at a party?

The responsibility of ensuring a child’s safety at a party lies with the host. This could be yourself if you are holding a child’s party in your own home, as you owe a duty of care to visitors at your home.

If you are holding a party at a venue such as a sports hall or church hall for example, then the owner of the venue will have an obligation to ensure that they remove any potential risks that could cause a child to become injured. Failure to do this could result in a personal injury claim being pursued against them.

Climbing walls have become very popular for children's party activities

Who is responsible for ensuring the safety of children using the facilities?

In many cases, the operator is likely to be responsible for accidents sustained as a result of use of entertainment facilities such as bouncy castles, giant slides and animals at a mobile petting zoo.




You still have a duty of care to all persons visiting your property

If I am the host, what are my legal responsibilities to ensure the safety of all guests?

If you are hosting a children’s party you should ensure that you carry out a risk assessment to identify any hazards that could result in an injury being sustained by any of your guests. In order to be liable for a personal injury claim, the guest would have to evidence that you have been negligent and that any injury was reasonably foreseeable.

Even where parents are present you still have a duty of care to all persons visiting your property. If children are injured under the supervision of their parents then this likely to be an argument that you can raise in defence or mitigation but ultimately if the injury was due to a risk not removed on your property you would be liable.

If I am hiring party/entertainment facilities, what is the necessary safety or insurance documents I should ask to see from the supplier?


Do you have appropriate home insurance?

Would my home insurance policy provide protection against any claim made against me?

Your home insurance may provide protection in the event that someone tries to pursue a claim against you. You should contact your home insurance provider in the event of legal action being threatened against you.


If you are at a petting zoo or farm - who is responsible?

Do I have additional responsibilities to ensure the safety of children who may attend the party without their parents?

Occasions may arise where a parent does not stay at the party to accompany their child. This is generally in the cases where a child is older. Your level of responsibility will depend on where the party is being held. If the venue is your home then you have a duty of care to ensure the safety of that child whilst in your care.

