Compensation for boy hit by trolley

An 11-year-old boy who was hurt while trying on trainers at a sportswear shop in Edinburgh has been awarded £1,800 damages.

The boy, who cannot be named for legal reasons, was left with a scar after being struck by a drawer on a stock trolley at JJB Sports in Edinburgh.

In addition to suffering a cut to his lower back, his shirt was torn during the incident in March 2007 and his mother, from Musselburgh, sued the sportswear company on his behalf. She claimed against the company over its duty of care to prevent accidents.

Edinburgh Sheriff Court heard the boy had sat down on a seat to try on shoes but could not get his heel in so had stood up, turned round and bent over to sort the problem.

A member of staff pricing shoes at a mobile stock trolley nearby opened a drawer, and the bottom corner struck the boy on the back causing him to scream.

Lawyers for the company claimed the accident was caused by the boy's own carelessness and argued it was not foreseeable that the metal trolley would cause injury. However, they accepted the employee had failed to properly look out for customers and children and had not been given training on how to use the trolley.

In his evidence, the employee told the court he thought it had been safe to open the drawer as the boy had been three or four feet away but had jumped up and backwards on to the drawer.

The child's mother had originally been seeking £6,000 for her son's personal injury but the lower figure was later agreed. Sheriff Frank Crowe, QC awarded £1,800 to the boy for his pain and suffering and in a written judgement, Sheriff Crowe said he was aware of a shop's need to re-stock shelves during business hours when trading had been busy.

It seemed likely that the member of staff - who appeared a conscientious employee - was engrossed in what he was doing and failed to properly account for the boy's presence near him trying on shoes.

He added that the impact was more of a glancing blow and while undoubtedly painful was the result of momentary carelessness.