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School Accidents!
After-School Activities - Who is Responsible if your Child has an Accident?
Although protecting your child against all the potential hazards in life is virtually impossible, it is not unreasonable for you to expect that, while your child is under someone else’s care, they take all the precautions necessary to ensure your child’s safety. After school activities are used by many parents to encourage their child’s interest in a particular pursuit or sport and as a way of taking the strain off those parents who work and perhaps find it difficult to make it to the school gates at the end of a school day.
In the event of a school accident, the occupier of the school in which your child is cared for is legally responsible for the child’s welfare. This means that should your child fracture their arm after falling from unsafe play equipment or fall as the result of a surface that should have been repaired, then you may have legal grounds on which to launch a personal injury claim on your child’s behalf. Other eventualities might include after school sports clubs. If your child is injured as the result of behaviour from other players that are well beyond the expectations of the supervisors, again there is the possibility for a school accident claim.
Supervision is a major consideration for many schools. It is a legal requirement but often playgrounds and classrooms do not receive adequate supervision. In the event that a child is injured in an after school club in which there was inadequate supervision, the legal responsibility falls at the feet of the school. Health and Safety laws are set out by the Government to protect the rights and safety of both pupils and teachers. If these are not followed or observed correctly, it may give rise to a personal injury claim. The Health and Safety Executive’s main aim is to achieve a balance between what is reasonably safe and those circumstances through which accidents occur. For example, there are many laws governing the safety of children who are conducting scientific experiments on school premises whilst under the care and supervision of the teacher. Failure to comply with the Executive’s recommendations could result in injury or even death.
In the event of an accident, it is recommended that parents and teachers follow certain procedures, which are similar to those recommended to anyone who suffers an accident at work. These include taking photographs, if possible, of the injuries sustained, recording the names and addresses of witnesses and keeping a log of any visits that are made to the doctor or hospital as a direct result of the event. These procedures can only help if the personal injury claim goes to court.
In addition, parents are advised to seek the services of a solicitor or compensation claims specialist as soon as possible. These people are well versed in the legal intricacies of such matters and will be able to tell you quickly whether your case has the potential to succeed or not. While human error is an unfortunate fact of daily life, protecting your child against negligence or inadequate safety facilities is the prerogative of all parents. School accidents happen, but if they are the fault of the supervising party or faulty equipment, you may be entitled to claim compensation.
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