Children unfortunately end up with cuts, bruises and sore heads from time to time after some vigorous playground fun or just simply because children can be unsteady. The question is can you claim compensation if your child becomes injured at school? Simply put you may be able to, but they can be very difficult claims and are very circumstantial.
Usually a claim such as this comes from an occupier’s liability perspective – by this I mean accidents arise from defects on school premises such as faulty equipment or uneven ground, and it is the occupier of the premises (i.e. the school) who then have the responsibility. These claims can proceed just like any other occupier’s claim and therefore there are certain requirements to help your claim move along:
- Photographs- Try and obtain photographs of what has injured your child!
- Reports- Has the accident been reported to the school?
- Witnesses details!
All of these things can help your child’s case and can make the claim more likely to succeed.
Another allegation that is often cited in these cases is a lack of supervision. This is again not an easy case! It will have to be considered whether supervision provided was adequate (for example: 1 teacher for 100 children may be questionable!) and if it isn’t adequate it needs to be stated why? Often this argument is relative to cases for younger children or those with special needs as of course in these cases there may have been the need for 1 to 1 help which in other cases may not have been required.
So how does a case run?
If you wish to proceed with a claim for an injury your child has sustained at school, you simply run the case as if it was your own. You become what is known as “a litigation friend”.
A Litigation Friend is more often than not a parent or guardian, but it can be anyone that is capable of acting in the child’s best interests. It is worth while ensuring you are willing to proceed with a claim on your child’s behalf as this does mean you will be expected to fully co-operate and be actively involved in the claiming process.
The main difference between a child case and an adult case is when it comes to settlement. In these cases the courts are actively involved – they decide whether a settlement is acceptable and will then order the money to be kept safe in a trust fund for the child to have when they reach the age of 18.
Of course, if the accident happens just before the child turns 18, they are able to proceed with a claim from their 18 birthday and have until their 21st to do so. This can also be an option for accidents that happen early in their childhood! However, of course memories fade and evidence can dissolve, so its better to get a claim going sooner rather than later!
So if your child has been injured at school, contact us today and we will see if we can help. We run many cases on behalf of children and always act in their best interest working with the litigation friend to ensure the child gets the compensation they deserve.
