So, can you make a claim for compensation if your child has been injured during school hours?
These types of claims can be very difficult, as teachers and schools can only be expected to do so much and they cannot be expected to watch children every minute of every day. However, there are certain incidents that may warrant bringing a claim. Some of the most common situations are:
- Defective doors or equipment: If a child is using equipment, such as equipment used in physical education, and these are faulty causing an injury it is likely you would be able to pursue a claim as the school has a duty to ensure these things are safe. Same with doors, these should be inspected to ensure that hinges, glass or the woodwork are safe for children to push or pull without the risk of injury.
- Potholes or defects on school premises: this works very much in the same way as the example above and if you had an accident on the public highway. Grounds should be maintained for safety and if something is defective, this should be cordoned off to ensure safety.
Claims that may be very difficult and may need further consideration include:
- Injuries caused by other children
- Injuries that have occurred because of a perceived “lack of supervision”
- Injuries sustained during physical education (not caused by defective equipment)
Usually, if the injury is caused by something that could have been controlled by the school, and therefore something could have been done to prevent it, these are the types of claims that may be taken further. Furthermore, the injury sustained by the child has to be one that is considered above a small claim and therefore grazes and bruises may often not meet the threshold.
As you have probably guessed from this blog, claims for injuries at school are difficult and therefore it is best to speak with ourselves directly to ascertain what we could do for your child in their particular circumstance.