Therapy Assistant Injured During Zorb Ball Activity at Work Secures £4,475 Settlement

The Claimant was employed by the Defendants as a Therapy Assistant. Their role involved attending service users’ private homes to provide care support and assist with activities.

In 2024, during the course of their employment, the Claimant was supporting a service user alongside a colleague. As part of the support session, the service user, the Claimant and the colleague engaged in a Zorb ball activity.

After climbing into the Zorb ball, and before the Claimant had time to fully withdraw their head inside, their colleague pushed the ball without warning. As the ball rolled forward, it caused the Claimant’s head to collide with the ground, resulting in injury.

The Defendants were notified of the claim but denied liability. They alleged that the Claimant was the author of their own misfortune, asserting that the activity was neither expected nor required as part of their role and was not an authorised activity.

The Claimant did not accept these assertions, and court proceedings were issued. It was alleged that the Defendants were in breach of the Workplace (Health, Safety and Welfare) Regulations and the Management of Health and Safety at Work Regulations 1999. In particular, it was argued that the Defendants were negligent in causing, permitting or allowing the Claimant’s colleague to act in a manner that exposed the Claimant to a foreseeable risk of injury.

The allegations included failures to keep a proper lookout, to ensure the Claimant was in a safe position before pushing the ball, to provide any warning of intention, and to carry out adequate risk assessments. It was further alleged that the Defendants failed to implement a safe system of work, failed to provide appropriate assistance and information, and failed to properly plan, organise, control and monitor health and safety risks.

As a result of the alleged negligence, the Claimant suffered a whiplash-associated injury with ongoing pain and stiffness affecting the neck and back. A recovery period of up to 18 months was anticipated. The Claimant also incurred additional losses, including travel expenses.

The Defendants maintained their defence, and the court allocated the matter to track, issued case management directions and listed the claim for trial. Shortly after directions were made, the Defendants presented the Claimant with a Part 36 offer, which was accepted.

The Claimant recovered £4,475 in damages.

The matter was conducted by John Bennett, Partner and Head of the Personal Injury Department.

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