Question 4

Kids' Backyards (KB) operates a popular indoor playground in a local mall. As part of KB's safe playground rules, adult supervision of the children is required at all times in the playground. This is to ensure that the children properly use the playground equipment. One accompanying adult is entitled to free entry for each child ticket. As children usually play for several hours at the playground, some mothers end up chatting with one another instead of supervising their children.

The playground is owned and maintained by KB and recently, there has been a number of complaints from concerned parents about refurbishing the old play equipment. The children love playing in the very popular "Spacecraft" area, with a huge rocket for climbing and a very long slide at the top.

One morning, Karen brought her 4-year-old son Chris to KB to play. Chris was very adventurous and attempted to climb to the very top of the huge rocket to go down the slide. As Chris climbed the ladder to the rocket slide, one of the steps of the ladder gave way. Chris fell three metres to the ground and broke his right arm and both his legs. Chris' mother was chatting with another mother at that time and did not witness the fall.

(a) Examine whether KB is liable in tort of negligence for the injuries sustained by Chris.

(b) Outline the defences (if any) that could be raised by KB in this negligence claim.