With the new school year well underway, children of all ages are settling in to their new routines and even joining new extra-curricular clubs.
Sending your child to school comes with the expectation that they will learn, grow, and, of course, be kept safe. Yet, with hundreds of children sharing playgrounds, classrooms, and sports fields, accidents are inevitable. While many incidents are simply part of growing up, some occur because a school failed in its legal obligations.
This blog will cover some common types of accidents that occur in schools, who is responsible and, if you do bring a claim, what practical steps you can take to strengthen it and increase the chances of succeeding.
Learning the hard way: common types of school accidents
The most commonly brought personal injury claims include:
- Playground and gym injuries - falls from poorly maintained climbing frames, defective trampolines, or inadequate supervision during high-energy sports sessions.
- Slips, trips, and falls - fractures or soft tissue damage caused by poorly maintained walkways, icy playgrounds, wet corridor floors without warning signs, or uneven stairs.
- Classroom and lab hazards - burns or chemical exposure in science labs, or lacerations from sharp tools in design technology and art classes without proper safety gear or instruction.
- Canteen accidents - scalds from hot food or drinks, slips on food and drink spillages
- Off-site school trips - accidents occurring during authorised visits, sports tournaments, or field and residential trips where supervision ratios were mismatched to the risk involved.
NB: In the case of sports and outdoor activities, the law does recognise that these do have an intrinsic element of danger.
Knowledge is power: what is the legal duty of care and what do you need to prove?
In England and Wales, schools are not expected to provide absolute protection against every minor injury. However, they do owe a legal duty of care to take all "reasonably practicable" steps to ensure pupils are safe from foreseeable harm while under their supervision. The school must maintain its physical buildings, grounds and equipment to ensure they are safe for children who are legally on the premises.
If negligence, or a breach, has occurred, the claim is brought against the legal entity responsible for running the school, rather than individual teachers. The proper defendant depends entirely on the type of school. The defendant may be the local authority.
To succeed in a personal injury claim, you must prove that:
1. the incident occurred;
2. the school was negligent in its duty; and
3. the negligence caused an injury which was foreseeable.
Do the maths: what is the time limit for bringing a claim for a minor?
While adults usually have three years from the date of an accident to bring a claim, the rules for children under 18 differ.
A parent or guardian can act as a litigation friend to start a claim at any point while the child is still a minor. If no claim is made, the statutory three-year time limit does not begin until the child's 18th birthday. This gives them until their 21st birthday to take legal action themselves.
However, it is always best to act quickly. Over time, teachers move to new schools, documents are destroyed and witnesses' memories fade.
Be equipped: what to do if your child has an accident in school
To ensure your case is as strong as possible, it is advisable to start requesting and gathering evidence as soon as possible. This can include:
- Internal school records such as the accident report book entry; by law schools must record all accidents. Request this immediately and check it matches your child’s version of events. If the accident has resulted in serious injury such as a fracture, or head injury and requires hospital attendance, it must be reported to the Health & Safety Executive under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)– request confirmation of this report. Also keep copies of all emails, letters or handwritten notes between you and school staff.
- Medical evidence - seek medical attention right away, even for seemingly minor injuries. GP notes, A&E admission records, and minor injury unit notes provide a useful timeline linking the accident to the physical injury. Also take photographs of the injuries as soon as possible.
- Proof of the hazard and the school’s negligence - if possible, take photos of the exact hazard that caused the injury before the school fixes it. Include an object like a coin or a ruler in the photograph to show the scale or depth of the hazard. If your child’s school has security cameras covering playgrounds and corridors you have the right to request a copy of this footage under data protection laws, but you must act quickly before the school's system overwrites the data.
- Witness statements - gather names and contact details of any adults (e.g. visitors or other staff members) who saw the accident or the immediate aftermath. Also write down your child’s exact account of what happened as soon as possible after the event, using their own words. If any classmates saw it, ask their parents if they can provide a brief written account of what their child witnessed.
- Proof of financial losses - keep a detailed record and receipts for any out-of-pocket expenses incurred as a result of the accident. This might include travel costs to and from hospital appointments, private treatment fees, over-the-counter medication, or purchases made to replace damaged items. If you had to take unpaid leave or reduce your working hours to care for your injured child, request a letter from your employer or gather payslips or bank statements to prove your loss of income.
Should your child be unfortunate enough to be injured at school, Stephensons Solicitors LLP may be able to help you bring a claim. Contact us today on 0161 696 6235 to speak to our expert solicitors.
Blog author: Angeline Holmes
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