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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To make them pay? WWYD

142 replies

Marshmellowmallow · 06/09/2018 16:10

I've name changed for this as alot of the details are outing.

My husband broke his leg on school premises about 4 months ago. His work have been paying him full pay for 6 weeks and after that was SSP which means we are currently losing about £300 a week on his usual wage.

Due to this and the fact that we relied on my husband doing overtime, we have fallen behind on our rent and we have gone massively into our overdraft. I am a stay at home mum so the only real income we we are living off is the £92 a week SSP and child benefit.

The bone has healed in his leg but he has severe ligament damage which we have been told won't heal for another 2 months atleast. The type of job he has means he has to use his leg and is not much use without it so can't go back on different duties etc.

I spoke to citizens advice regarding the debt and they asked whether I had began proceedings to sue the school. I said I hadn't thought of it. I mentioned it to some of the school mum's at the gate and they were all absolutely horrified thstbi would even contemplate suing the school.

Please no bashing, I'm physically and mentally exhausted from this. I haven't slept in weeks from worrying about the money. I just don't know what to do Sad

OP posts:
ScottishInSwitzerland · 06/09/2018 16:12

Assuming the school are actually liable, I would take action against them.

notanurse2017 · 06/09/2018 16:12

Why was he at the school? What happened exactly?

Buzzlightyearsbumchin · 06/09/2018 16:12

It would really depend on what happened.

Were the school were negligent or was it just an accident.

mickeysminnie · 06/09/2018 16:12

How did he break it? Was the school negligent?

EggMayonnaise · 06/09/2018 16:12

The school will be insured. You will not be taking school funds.

Twickerhun · 06/09/2018 16:13

Presumably they are both at fault and hold insurance?

Original poster
Marshmellowmallow · 06/09/2018 16:14

I don't really want to say what happened just in case it does go further but the school were negligent and he received an apology from the head

OP posts:
Starlighter · 06/09/2018 16:14

Are the school actually at fault though? I don’t think it’s morally right to sue if your DH is in the wrong, technically or otherwise.

Could you work while he recovers? Have you spoken to the job centre about any additional benefits you may be entitled to?

Whynotnowbaby · 06/09/2018 16:14

It depends entirely on the circumstances of the incident. Were the school negligent or was it just an accident, if the latter there isn’t much point in suing.

NoLeslie · 06/09/2018 16:14

I would of course claim against the school if they are at fault.

Ilovecamping · 06/09/2018 16:15

If you are renting have you looked at claiming help with your rent and council tax.

Original poster
Marshmellowmallow · 06/09/2018 16:15

Egg - i was told that the school insurance premium would go up and that effectively we would be taking money from the school?

OP posts:
Barmaid101 · 06/09/2018 16:15

The school will have insurance for this! At risk of loosing your home then yes I think you should make them pay!

letsdolunch321 · 06/09/2018 16:17

Why would the school mums be so horrified, they must have indurance in place for such situations.

I definitely would start a claim especially if citizens advice had mentioned it

Bobba88 · 06/09/2018 16:17

Will the school insurance not cover this?

ProcrastinatingPingu · 06/09/2018 16:18

The school will have insurance for these sort of instances, ignore the school mums, they’d do the same if it happened to them and they were struggling because of it.

Dieu · 06/09/2018 16:18

I'm sorry about your husband. I personally would struggle with the idea of suing a school, but your situation is an exceptional one, and the lost earnings makes for one stressful situation.
Couldn't you go out to work?

Original poster
Marshmellowmallow · 06/09/2018 16:18

I have looked into working whilst he recovers however because he cannot drive I have to do school pick up and drop off every day which is proving impossible to find a job in this area that fits in with those times

OP posts:
Corcra · 06/09/2018 16:18

I’m sorry you’re going through this.
Yes if they were negligent. It should be straight forward.

madhatter1965 · 06/09/2018 16:20

Go for the claim and ignore the idiotic school Mums, they have no idea about your personal situation and therefore should keep their opinions to themselves. I'd bet if they were in your situation and were left with the same choices, they'd be claiming.

IWentAwayIStayedAway · 06/09/2018 16:20

Im a governor and this is why school has insurance. Don't give it a 2nd thought. Sue!

Loonoon · 06/09/2018 16:21

That is why public places are required to have public liability insurance. It’s there to be used.

If the school/staff are liable of course you should sue. It’s ridiculous to suggest you should incur personal debt or hardship in order to save on their premiums.

If it is uncertain where liability lies the insurers or ultimately courts will make that call. If the school have fulfilled their responsibilities they will not lose out finanically.

Original poster
Marshmellowmallow · 06/09/2018 16:21

I think I would feel better about the situation if it was the council that paid rather than the school. I can't find a clear answer anywhere as to what actually happens if you make a claim against a school

OP posts:
ProcrastinatingPingu · 06/09/2018 16:21

Also premiums will probably go up, however why should you suffer because of their negligence?
That’s like someone running into your car and you not claiming as their insurance will go up.

StatisticallyChallenged · 06/09/2018 16:22

Ignore the school mums. They absolutely will have insurance and whilst yes, their premium might go up, the school is much more able to absorb the extra premium across their school budget than your household is able to absorb the loss of income.

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