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Original poster

Personal injury claim against DS

27 replies

chinup2011 · 23/05/2015 12:15

A school teacher has informed me that he is considering taking out a personal injury claim against my DS 16 who accidentally ran into him on the play ground. The teacher (male) says he has sustained a back injury from this, and claims my Ds actions were deliberate. He is not an aggressive lad and all the teachers were surprised that this happened. DS is ADAMANT that it was completely unintentional. Has anyone any advice? The teacher asked if I had insurance, what sort of insurance? I already have an anxious disposition and I am stressed beyond belief over this.
TIA

OP posts:
EnlightenedOwl · 23/05/2015 12:17

do not discuss say nothing wait and see what happens. If he brings a claim in all likelihood will be against the school/LEA

3littlefrogs · 23/05/2015 12:20

Were there witnesses?
Was an accident form completed when the incident occurred?
Can the teacher provide medical evidence/did they attend GP or A&E at the time?

The teacher/school should have insurance in place for accidents involving staff.

I think he is just trying to scare you OP.
My DC was seriously injured at school due to a teacher's negligence.
The teacher lied about it and was backed up by the HT.
Nothing came of it in the end - I got nowhere with my complaint.

Have you got anything in writing from this teacher or the HT?

LotusLight · 23/05/2015 12:20

I doubt you have insurance and no reason not to tell him you don't and that any claim will be vigorously defended as your son was not to blame and you can prove it. If you have insurance he'll be rushing to sue.

Original poster
chinup2011 · 23/05/2015 12:37

Thank you for your fast replies.
There were child witnesses but no statements from them have been taken, just from 3 teachers. I've asked the school to get witness statements from the children too.
The teacher said he had been to the Doctors and was going to undergo physio.
The HT has written to me to say that the teacher is thinking of this action.
The thing is my son was to blame, he admits what he done, he was in the playground running and collided with the teacher. The other teachers say he could have taken a avaisive action to avoid him, but DS says he didn't think, it was too quick, he's 16 - gangly but unfortunately 6'.
I've thought about just frightening me ( he's doing a good job) but if he does sue, and at the meeting he was very determined, I just can't contemplate how this could pan out.

OP posts:
ImperialBlether · 23/05/2015 12:40

I don't understand. What would he get in financial terms from a school child?

And if your son wasn't looking where he was going, was the teacher looking where he was going? Is he saying your son deliberately ran into him? Was there a history of bad feeling between them?

Collaborate · 23/05/2015 12:43

Your son has no assets. There's no point in suing. You wouldn't have to pay any damages. If the teacher is on playground duty they are responsible for him. Is he suing himself? The mind boggles.

wonkylegs · 23/05/2015 12:45

This link may give you some reassurance that threats of legal action are unlikely to come to much

Original poster
chinup2011 · 23/05/2015 12:59

Yes I don't understand what he will gain from a school child. Presumably as I'm his parent the onus would be on me?

DS ran in to him from the back, knocked his arm as he held it out with a cup of coffee in it. DS said it all happened quickly and he was committed to running. The issue is the teachers are saying it was deliberate that he pushed him and DS is maintaining it wasn't.

There was no bad blood between the teacher and DS, but DS says he was not as apologetic as he could have been at the time. The whole year group saw what happened and DS was shocked himself, embarrassed and didn't know how to handle the situation.

But DS thinks that the teachers as witnesses have never liked him. He is not considered a trouble maker in fact very mild mannered, he's has issues with lateness etc. but has never been in trouble like this before. The teacher to whome it happened admitted he was surprised it was DS when he turned round.
This doesn't help of course.

OP posts:
SunnyBaudelaire · 23/05/2015 13:04

chinup - the teacher is full of shit. there is no way that this will go ahead.

3littlefrogs · 23/05/2015 13:06

IMO anyone who takes a hot cup of coffee into a playground should realise there is a risk.
What if one of the pupils had got hot coffee spilt on their head or face?

ZeroFunDame · 23/05/2015 13:14

Please don't panic.

Unless this teacher is planning to have your child charged with assault under criminal law (and I doubt that would get far ...) I cannot see what he has to gain by making this threat about civil proceedings.

The incident took place in the playground Where it is expected that children will be running and bouncing and generally behaving in uncoordinated and unpredictable ways. It is the school's duty to look after the health and safety of staff - not your child's duty.

SunnyBaudelaire · 23/05/2015 13:16

and actually if he comes up to you talking like this, I think you should report him to the education authority.

KittyandTeal · 23/05/2015 13:17

I teach primary so a little different but this is possibly the weirdest reaction ever!

What a truly strange thing to do and train of thought! 'I'm a teacher, I'm on playground duty with (fairly big) teenagers rushing about (because that's what playtime is for) I'll bring out a hot coffee then get pissed off that someone bumps into me and sue them!'

If this has happened (as in the back injury) that's awful and the school need to consider rethinking policy and procedure for play times.

Kids that age are gangly and tbh a little dopey sometimes. I can well imagine he saw the teacher and just could get out if the way.

How ridiculous!

purplemurple1 · 23/05/2015 13:19

As a place of work they should have a risk assasment for the staff id expect that to say no open hot dronks in the playground.
And one could speculate your childs reation would have been diff if he were not trying to avoid the hor drink.
Either the teacher hasnt thourght through that he wasnt fallowing the risk assessment so he is at least partially at fault or the school dont have one so as an employer they are at fault.
Its a plauground running kids ppssibly bumping into others are an expected hazard and either accepted as such or boundaries and rules put in place to miitigate it.

expatinscotland · 23/05/2015 13:21

I would report him to the educational authority.

FenellaFellorick · 23/05/2015 13:23

I am not a lawyer so may be talking rubbish but aren't the school in what is it called? Loco parentis? So you could argue they were negligent in risk assessment and failed in their duty of care to ensure safety in the playground and since they are responsible legally for your child during school hours if there is any action to be taken it should be against the school who should have assessed risk and ensured safety and not the parent who hands over to the school expecting that they will take adequate care

LotusLight · 23/05/2015 13:24

Remember this is just about money.
So if you have insurance he may sue. If you don't he won't unless your son has £500k in his own name in the bank.

Does your son have any money? If he's got at most £100 like the average teenager then your son will not be sued.

You are not liable for your son's debts.

ImperialBlether · 23/05/2015 13:24

Looking at it the other way around, if the teacher had spilled coffee on your son and burned him, YOU would have a case against him and the school would be in trouble for that. The teacher is very lucky that didn't happen. If I were him I'd be keeping quiet about it.

LotusLight · 23/05/2015 13:25

PS some parents do have insurance. At my children's private schools every year the school sends details of private insurance you can pay extra to take. I've never taken it out.

Original poster
chinup2011 · 23/05/2015 13:29

Thank you I do feel better. I know the issue will ultimately be - did DS deliberately push the teacher ( 3 teachers say he did) or did he just misjudge his running direction ( DS's account - no witnesses as yet) cctv wasn't working.

This is happening right in the middle of DS GCSE exams too.

OP posts:
paxtecum · 23/05/2015 13:32

I think the HT may regret employing that teacher. If he is seriously considering legal action for the playground incident He may be looking for other stuff to sue the school over in the future.

AlpacaMyBags · 23/05/2015 13:33

This reply has been deleted

Message withdrawn at poster's request.

Original poster
chinup2011 · 23/05/2015 13:33

The coffee did go over my son, the teacher said that he was scalded as it went over his bare skin and DS had trousers on, so it didn't scald him.

I'm not worried about the scalding as mentioned before who on earth carries a scalding cup of coffee onto a playground, it's the accusation of pushing that is the issue.

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ZeroFunDame · 23/05/2015 13:36

No, the issue is "why on earth would a teacher seek to needlessly damage the school's relationship with pupils and parents?"

I realise this would be different from the point of view of a teacher genuinely seriously injured through the action of a child - during a seated lesson say, or in the dining hall. But I simply cannot see any judge being sympathetic to this claim arising from a playground bump.

Original poster
chinup2011 · 23/05/2015 14:43

As an addendum to this: the incident happened two days before DS was due to leave the school. He was excluded for the last two days and has this on his record; excluded for assaulting a teacher.

He is now revising like crazy, he is hoping to start an apprenticeship but with a record like that will be unemployable.

OP posts: