Silly Squirreland theSHINY SKYLIGHT
Squirrel looked up and scratched his head, “That shiny glass,” he thought, “I’ll tread. It sparkles like a starry night A rooftop treasure, what a sight!”
Little Squirrel, quick and small, Through a fence and that was all. Past a sign that said “NO ENTRY,” Squirrel thought, “That’s not for me!”
On the roof, so high and steep, Squirrel took a little leap. Shiny skylight on the floor, Squirrel knocked, then jumped once more.
The glass gave way below. Down fell Squirrel, OH NO NO NO!crash!crash!
Landed with a thud and groan, Bumped his head and broke his bone.
Mama took him to the court,“Someone must give this report! That skylight was a silly trap, it broke too soon – a nasty snap!”
Council built that shiny light, Shouldn’t they pay for Squirrel’s plight?” Council Fox said, “Not our care – Squirrel broke the rules up there.” Judge looked at the glass so thin, “Any child might fall right in. No guard around, no warning sound – Danger hid on that low ground.”
“Council, you are half to blame! You should have checked – that’s your name. Risk assessment? None was done. A cheap fence would have saved this one. “But Squirrel climbed where he should not – Half the fault is what he got.”
Judge declared, “You split the blame – Half for each, that’s right and plain. If Squirrel were a grown-up fox, This case would close inside a box. But children can’t see every fright – So Council, pay for half his plight!”
Squirrel learned a lesson true: “Rules are there to help me through. I’ll stay away from roofs and glass – And play on soft, safe, comfy grass.”
Scholar Owl says: “Hoot-hoot! The Council should have fenced that dangerous glass, but Squirrel should not have climbed. So the court split the blame: half and half.”
Based on Young v Kent County Council [2005] EWHC 2962 (QB) The Council was liable under the Occupiers’ Liability Act 1984 because the brittle skylight was an invisible danger to children, and no risk assessment or fence was in place. But the child was 50% to blame for trespassing. Both sides at fault – a lesson for everyone.