Accidents in schools are quite common and that is not really a surprise with children running around in the playground, play fighting, playing football and other things that children get up to these days. However there is a need to distinguish between genuine accidents and accidents giving rise to a personal injury claim.
You may be able to bring a compensation claim on behalf of your child if the accident was not his or her fault. For example if your child tripped over a raised paving slab on school premises or tripped in a pot hole. If the area was not adequately maintained and the defect caused injury, then a claim may be possible. It would also be possible to bring a claim if the child was injured as a result of faulty or defective equipment. For example a chair that broke causing injury.
A claim is possible if an accident can be proven to be the fault of a third party through negligence. There are guidelines enforced by the Government and education authorities that all schools must adhere to in an attempt to minimise the possibility of accidents. If the guidelines are ignored or not followed, then there may be grounds for claiming compensation.
Children will have accidents and on occasion this will not be anyone’s fault. Children can and do fall over in the playground for example. Obviously it is a different scenario and a claim could be made if a child fell over due to a pothole in the playground. This is a defect on the school’s premises and you can see the difference in this example between an accident which can give rise to a claim for compensation and an accident in which you could not claim compensation for. Put simply, if a child has an accident and it is no one’s fault then no claim can be made. If there is evidence of negligence then a claim can be made.
Accidents giving rise to a claim for compensation can include the following:
- Falling/tripping as a result of defective areas within the school playground or inside the school itself;
- Defective equipment used by children causing injury;
- Slipping as a result of liquid on the floor within the school premises.
The above list is not exhaustive. If your child has been injured as a result of an accident at school, then a compensation claim may be possible. It is imperative that you seek independent legal advice. Here at The Injury lawyers we deal with all types of personal injury claims so do not hesitate to contact us today by calling 0800 634 7575.