Parents understandably hate the time that their children are out of their care and the fact that young children spend more of their waking time at school than they do at home, leaves many parents fretting about their safety. Although, the majority of the time the worst injuries kids come home with are grazed knees from a fall in the playground, sometimes it’s much worse and parents are angry at the fact that their child has been hurt when in someone else’s care, especially if the injury was someone else’s fault.
It’s unfortunate, but accidents do happen, however if it’s down to someone else’s negligence then you’ll generally be able to make a compensation claim.
School and playground accidents
When at school, every child is entitled to a duty of care from their teachers and staff at the school so if their injuries are caused as a result of the following:
- Poorly maintained or defective areas of the playground
- Poorly maintained or defective equipment
- Slipping because of liquid on a floor
- Slipping because of the school failing to deal with ice on play areas
However, if your child is involved in a genuine accident in the playground that couldn’t have been predicted then it becomes much harder to claim because the school cannot be held responsible for something that they would have been unable to prevent in any circumstance.
School trip accidents
Although not on school property, if your child is taken out of school for an excursion, camp or other group activity, then they’re still the responsibility of school staff and therefore, these staff members still have a duty of care over your child.
If your child becomes injured on a school trip and it wasn’t their fault then, just like an accident within school, it depends entirely on whether the injury was preventable. A school’s duty of care is highest when the children are in the classroom because teachers are expected to be able to control their class and supervise the area. Children in a school should never be left unsupervised so if the teacher were to have left the room when the injury occurred, then you would be entitled to make a claim on behalf of your child.
Your child’s own foolishness will also be a decision maker in whether or not you win compensation. If your child was taking part in an activity that carried obvious risk, i.e. standing as opposed to sitting whilst using a swing, the school is less likely to be held liable, even if adequate supervision was not in place. The same rules apply for rock fights; if your child is injured because they’re taking part in a rock fight, then the chance of being granted compensation is extremely slim. However, if your child is injured by a rock from a rock fight that they weren’t part of, the school could be sued for negligence because supervision should have been in place to stop the fight and prevent other children from being hurt.
Claiming for an accident that happens at school or on a trip isn’t easy because schools are places where accidents happen regularly and it’s not always easy to prove that an incident was caused due to negligence. However, if you believe you can, you should contact a legal professional right away to get your case started.