Drowned toddler's parents to repay compo

The parents of a two-year-old boy who drowned in a holiday park pond has been ordered to return $52,000 in compensation after a judge ruled that "accidents do happen".

Toddler Matthew Marsden was found face down in a 45cm-deep pond at a caravan park in Wales.

He had wandered off with his 14-month-old brother as parents Philip and Tracey Marsden briefly chatted with other holidaymakers.

The Marsdens sued the owner of Greenacres Holiday Park over the 2004 incident and last year a judge awarded them £25,000 ($A52,000) for the psychological trauma and shock they suffered after finding their son's dead body.

But yesterday an appeal court ruled that the park owner was not to blame because any holiday park can pose a risk to an unaccompanied child, the Daily Mail reports.

"This was a tragic case and Matthew's death has been understandably devastating for his parents," Lord Justice Stanley Burnton was quoted as saying.

"But accidents may and do happen to young children without anyone being at fault.

"A toddler can disappear in a fleeting moment."

An earlier inquest heard that Matthew may have been chasing a duck before falling into the pond, which was surrounded by a 30cm-high timber railing.

Mr Marsden, a 43-year-old IT manager from northeast Wales, said he was disappointed in the court's decision to overturn the original judgement.

"I just hope people will realise that you cannot relax while on holiday with children, and don't expect others to give the same degree of thought into safety as you may do yourself," he said in a statement.

The Marsdens never received any compensation because it was held by their lawyers while the court appeal was underway.

In a further twist, the Marsdens are now also liable to pay for the holiday company's legal costs, estimated at $31,000.

http://news.ninemsn.com.au/world/837434/drowned-toddlers-parents-to-repay-compo

that is just simply wrong. Those poor people and a 30cm high wooden fence is not safe around any amount of water where children can get to it!!! They should either get rid of the pond altogether or secure it properly behind a child safe fence at a distance that the kids can still play with the ducks under supervision but cant just "wander" to it

that's just wrong.

who appealed in the 1st place.

sure accidents do happen, but why did up the past, it's too painful iykwim.

Quote :

Those poor people and a 30cm high wooden fence is not safe around any
amount of water where children can get to it!!! They should either get
rid of the pond altogether or secure it properly behind a child safe
fence at a distance that the kids can still play with the ducks under
supervision but cant just "wander" to it

fair enough, but the parents have their own responsibility as well, and that's looking after their kids.

If you are going to put a fence around a pond, then wouldn't that apply to all ponds and lakes. So no just in holiday parks/caravan parks, but at all gardens etc.

i think that it should honestly be in place EVERYWHERE
i mean at a family home or any home its against the law to have a pool not fenced off properly so why can other ppl be allowed to have ponds/lakes or pools not fenced off properly?
as for the appeal it wouldve been the caravan park most likely that appealed because they simply didnt want to pay up anymoney to them!
i do however tend to agree that accidents do happen and maybe had the parents been paying more attention it wouldnt of happened
HOWEVER after telling them they are able to recieve money for the damages n then take it back i think is wrong for things like this i dont believe they should be able to appeal it