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Original poster

If your child was injured at school

72 replies

lovingmummy · 11/10/2005 20:16

If it was clear it was an accident, no other children were involved and the correct procedure was followed after the accident, would you take legal action?

OP posts:
nutcackle · 11/10/2005 20:16

No

hunkerpumpkin · 11/10/2005 20:16

What happened?

Aimsmum · 11/10/2005 20:17

Message withdrawn

SenoraPostrophe · 11/10/2005 20:17

absolutely not.

Original poster
lovingmummy · 11/10/2005 20:18

a child fell off the equipment and broke a bone, he needed surgery to fix it.

(Not my child I should add)

OP posts:
manicmama · 11/10/2005 20:18

No!

expatinscotland · 11/10/2005 20:19

No

hunkerpumpkin · 11/10/2005 20:21

If the equipment was installed correctly, correct procedures were followed - accidents happen.

SenoraPostrophe · 11/10/2005 20:22

as it goes, unless the equipment was faulty i don't think there'd be grounds to sue anyway. Everyone thinks you can sue for anything and anything these days but it's just not true. I blame US court dramas.

weesaidie · 11/10/2005 20:25

no

Original poster
lovingmummy · 11/10/2005 20:25

the equipment is not faulty, it has safety checks done on regular occassions. I just wanted to see what others thought the chances are of it going any further.

If the mum has gathered evidence and got a solicitor, then am I right in thinking her intentions are to sue?

OP posts:
edam · 11/10/2005 20:27

No, as long as all your conditions apply plus correct procedures were used in the first place installing, maintaining and using the equipment.

As long as they do everything they can to minimise the risk of avoidable injury in the first place, react appropriately to any accidents that do happen, and adjust their procedures as appropriate after any accident, that's as much as we can ask.

Why, are the parents thinking of suing?

I fell down some steps at school once and had concussion - they just stuck me on a truckle bed in the secretary's office and didn't even call my mother, much less take me to hospital! Hopefully things have improved since those days...

Yorkiegirl · 11/10/2005 20:28

Message withdrawn

edam · 11/10/2005 20:28

Not necessarily, she may just want to find out where she stands.

Milliways · 11/10/2005 20:29

No. DS broke both front teeth in a playground accident & everyone assumed we would sue

Another boy broke his arm the first day new equipment was put in the playground. He jumped backwards off the highest point.

If we all sue they'd ban playtime/going out/PE etc.

Lonelymum · 11/10/2005 20:30

My ds1 has twice broken his arm at school, once very severely, but no, it never occurred to me to take legal action. I did it myself as a child and my teacher was apparently terrified my parents would sue as I did it in his PE lesson, but my parents saw it the same way as I saw my ds1's broken arms: purely accidental.

hunkerpumpkin · 11/10/2005 20:31

There are more conkers around than ever before because poor children aren't allowed to bash each other over the bonce with them in the playgroud these days

Lonelymum · 11/10/2005 20:32

The time my ds1 broke his arm severely, he tripped over a wooden "stepping stone" and broke his arm somehow landing on the wood chippings that surround that sort of equipment and are meant to save you from bad injury. I did mildly ask the head if he thought the amount of wood chippings needed topping up, but no I would never have though of sueing.

fairyfly · 11/10/2005 20:34

Yeh definetly, my son just fractured his arm at school. Perfect timing i've been shitting myself about christmas.

Whizzz · 11/10/2005 20:34

Yes I'd go with Edams comments - I'm assuming all she would have to claim against was lack of adequate supervision if it was proven the equipment was in good order, properly secured , used for its intended purpose etc.

I'm not sure I agree with the 'accidents happen' phrase - there has to be some cause which could be put right.

Original poster
lovingmummy · 11/10/2005 20:36

the child that injured himself was mis-using the equipment which I know contributed to the injury.

People are encouraged by those adverts 'had an accident in the last 3 years....' but in this case, it was his fault. At least he is going to make a full recovery.

OP posts:
Lonelymum · 11/10/2005 20:37

OK ds1 broke his arm, as described, tripping over a post in the ground whilst chasing a girl in his class. What are you saying Whizzz? That he sohouldn't be allowed to play chase? That he shouldn't be allowed to run around play equipment? Maybe the latter is sensible.

Second time he boke his arm, he was again running in to the building, tripped over the small step leading to the door and banged his arm on the metal door jamb. Who, but himself, was at fault there?

Whizzz · 11/10/2005 20:39

Tell me about it - I'm a H&S person !

If he was mis-using it then I assume she could try for contributory negligence ie partly his & partly schools fault for not seeing/stopping him. Personally I don't think she would get much especially if she goes with a no win firm

Original poster
lovingmummy · 11/10/2005 20:40

LM, maybe some could argue that the metal door jamb shouldn't have been there? Or that he should have been stopped running around the equipment?

I believe that accidents happen and we just have to deal with them when they do happen. We can't go through life trying to avoid every accident, our children wouldn't be allowed to do anything and would be wrapped up in cotton wool.

OP posts:
Whizzz · 11/10/2005 20:42

No I'm not saying at all that kids shouldn't play chase etc and I'm not sure how you interpreted that from what I wrote. I'm just not a fan of the it was 'just an accident' phrase as usually there are causes - ie he just fell over - why.. was the floor slippy, were his shoes slippy, could he see were he was going, was he running too fast, did he trip over something etc

Sorry its my job ! I'll get off my soapbox now