Drowned toddler's parents asked to give back compensation money

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This one.

Do you think the right decision has been reached?

I am in agreement. Until we have forcefields which cannot be penetrated, or drones for each of us which follow us everywhere and can remove each of us from harm, accidents will happen. I am so sorry for the parents, but the pond was fenced off. What more could the holiday company have done? It was clearly marked on all maps of the park. Everybody knew it was there.

was this the case there was a petition about (linked to on here) if so I thought the pond wasn't (?adequately) fenced? (the petition was to bring in a law about fencing water/ponds I think)

I'm not sure I agree with the majority on here, kids are so easily lost sight of in the blink of an eye (I've even had 'helpful' people hold doors open for mine to go through) tiny amounts of water can be dangerous

we have a wanderer and one who knows no fear and for us camping/water are a no I would automatically discount anywhere with lake pond unfenced pool etc.
I'd also be pretty cross if we went somewhere that presented itself as child friendly and they told us about the pond/pool on arrival.

very sad case poor parents/brother I always feel so so sad when I read of children drowning in ponds

norkmonster, I understand that but the pond was clearly marked on the site map handed to each family on arrival and was fenced off. What more can you do? Here

But can you really make an area completely safe for toddlers? Even my house isn't completely safe for a 2 year old and a 16 month old to have free run of without supervision. If the pond was fenced I don't see what else the company could have done.

Oops X posted.

I think the correct decision was made. The judgement was that the holiday company had not been negligent, therefore, why should they have to pay anything?

Terribly tragic case, but I think it's symptomatic of our litigious culture that people are encouraged to think this way. I would imagine the parents were talked into this, and perhaps they felt that somehow it would bring some kind of closure, though god knows you would never get over something like that.

I think it's really important actually, that this ruling was made. It's not always someone's fault. And tbh, if the pond was properly fenced off, and signposted, and the parents let two toddlers wander off, then if anything, it's their responsibility, and therefore the company should not be blamed.

A horrible situation, but I agree with the judgment. It wasn't anyones fault and they shouldn't have sued in the first place. It would have been better if they had been advised from the start not to do it.

Interesting that a child fell into the pond the previous year, it was then inadequately fenced (I'm saying inadequate because had it been adequate then surely a child wouldn't have been able to fall in again the following year?) yet it doesn't make them 'more' 'negligent' (for want of a better word) under heath and safety/duty of care legislation.
I would have thought the fact that they knew of the danger would have influenced the judgement IYSWIM

Idle I agre about the fencing, it was either fenced well enough to stop a toddler getting in or not.

However like a previous poster as a mother of two bolters (all very well and right to say supervise but if you have asd kids its a rare but real risk- last time he was gone for 30 minutes and I thought ds3 was dead) I wuld automatically discount a site with open water, decided against a very lovely site near Bath on exactly that criteria this year, and another one locally. A very big no no indeed.

Bram, another article stated that they hadn't recieved the compensation as it was held by their lawyer for some reason!

From what I know of this case, although I could be wrong....

The 2 children were pottering around when the mum started talking to a man living nearby for 2 minutes when she turned to check on the kids they were gone, the parents and others were running around looking through all marked paths and areas but they were nowhere to be found.

It later transpired that the area their son was, was not sign posted and was hidden away amongst caravans that is why they recieved compo and the little boy did'nt just find his way there he was following some ducks