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Accidents in School - Personal Injury Compensation Claims with clickandclaim's Personal Injury Solicitors
If a pupil has suffered a personal injury at school, they may well have a claim for compensation against the school and /or the local authority depending on the nature of the accident.
The school may be liable in negligence or for breach of statutory duty dependant on the accident circumstances. For example, the pupil's injuries may have been caused by another pupil, by defective premises or equipment or by the teachers failure to supervise either in the classroom or during games related activities.
In order to make a successful personal injury claim, it is important to be able to prove that another person or organisation is responsible for the accident. Consequently, if an accident occurs at school it should be reported as soon as possible to the teacher or supervisor involved and also be entered in the schools accident book.
Many accidents in schools can occur while the pupils are taking part in games or other sports related activities. It is important that those who teach such activities should ensure that they themselves have the ability to instruct and supervise pupils, and that the pupils understand the basic principles of fair play and sportsmanship. Moreover, they should also be instructed in the correct use of equipment.
A teacher stands in loco parentis to his pupils. This means that he is taken to stand in the parent's shoes whilst in charge of the child. Consequently, a teacher owes a duty of care to his pupils to exercise reasonable care for the pupils health and safety. A breach of this duty of care which results in injury to the pupil may well render both the school and local education authority liable to a claim for compensation.
Schools are under a duty to ensure that pupils are adequately supervised, and many personal injury claims have arisen through inadequate or lack of supervision. For example, a claim could arise from circumstances wherein the teacher has failed to ensure that an activity undertaken by a pupil is done safely, or from incidents where a pupil has been injured by the actions of another pupil in a classroom that was inadequately supervised at the relevant time by designated staff.
Local authorities may also be held liable for injuries sustained by people using their equipment or facilities for either sport or recreation. A failure to properly inspect and maintain their property or equipment may render the relevant local authority liable in negligence or under the Occupiers Liability Act 1957 if injury to a person results from this failure.
Consequently, as far as sport or recreational activities are concerned, it is important for both schools and relevant local education authorities to ensure that regular inspections are carried out to ensure the safety of both property and equipment. This should entail regular risk assessments, the maintenance of a proper risk management system and the adequate instruction of teachers and support staff in relevant safety procedures.
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