By Danielle Newton. Last Updated 28th October 2022. Parents may take a lot of time to choose their children’s school. Points such as safety, success, and a good OFSTED report may be studied before the decision is finally made. As a rule, people tend to assume that schools are safe places, and in most cases they are, but sometimes things could go wrong, and a pupil, someone working at the school, or even a parent in the playground could be injured as a result. If this has happened to you or your child, then you may wish to look into making a public school personal injury claim. Within the sections in the guide below, we cover such questions as can you sue a school for injury UK, what to do if a child is injured at school, procedures for reporting and recording accidents in school, teachers’ rights when assaulted, and much more.
Take a look below, and if you have any questions, then get in touch with us for advice. We’re here to help.
Choose A Section
- A Guide To Public School Personal Injury Claims
- What Is A Public School Accident Or Injury?
- Public School Personal Injury Claim Compensation Claim Calculator
- Different Types Of Damages Which You Could Be Eligible To Claim
- Schools Duty Of Care To Teachers And Students
- When Is A School Liable For An Accident Or Injury On Their Property?
- Common Accidents Which Could Lead To A Public School Injury
- Accidents To Pupils And Staff Outside Of School Or On A School Trip
- Injuries Which Could Happen In A Public School
- How To Sue A School – Examples Of Evidence
- How Much Time Could You Have To Make A School Accident Claim
- No Win No Fee Public School Personal Injury Claims
- How To Begin A Claim For A Public School Injury
If you’ve landed on this page as you think you or your child may have a public school personal injury claim, you’re in the right place. While you may be surprised that accidents at school actually occur, they have happened, and people have made school accident claims before.
Within the following sections of the guide, we will attempt to answer some of the most pressing questions about a child injured by another child, a teaching assistant assaulted by a pupil, accident policy in primary schools, and other incidents that may cause injury at school. Whether you are a teacher injured at a school on a broken chair, or the parent of a child who has been injured in one of the accidents in the school playground that could happen, we can help provide advice on making a public school personal injury claim with a personal injury lawyer.
Can I sue my child’s school for an injury UK? I was in an accident at a public school as a teacher – could I claim? I was a parent injured in a public place – would I have a claim? These are all valid questions. In terms of differentiating between a public school injury that could potentially lead to a claim, and an injury at a public school that would not likely lead to a claim, there are some criteria that should be met for a public school personal injury claim to be possible. These are as follows:
- There should have been an injury caused by an accident that wasn’t your fault
- Someone should have had a duty of care to ensure your safety
- That someone (or entity) failed in this duty
- You were injured as a result
Examples of a public school personal injury claim that could potentially lead to public injury claims could include:
- Public accident claims leading from poorly maintained play equipment
- A child injured at school by another child UK where poor supervision was deemed to be the cause
- Faulty equipment in the school leading to a public school accident to a teacher, or a child
This is just a short list of possibilities for a public school personal injury claim. If you have suffered an accident at a school and you believe it should not have happened or it could have been prevented, then it would be wise to consult with a personal injury solicitor to see if you have grounds to launch a public school personal injury claim.
One thing you might want to know is how much compensation you are going to receive if you go ahead and make a compensation claim and it is successful. One option is to use a personal injury claims calculator. However, we think the best way to go about this is to take a look at guidelines made by the Judicial College so that you can get an understanding of what similar cases may have fetched in.
We have gathered this information for you below. If you cannot find the injury that you have sustained in the table below, don’t worry – you may still be able to make a claim. We would be happy to try and help you to get a better understanding of the sort of payout you could be looking at.
|Guideline Payout Amount
|Severe – At this level the claimant will have problems coping with life and the prognosis is poor.
|£54,830 to £115,730
|Very severe scarring seen in teens and young persons that causes a severe psychological reaction.
|£29,780 to £97,330
|Moderate neck injuries (i)
|Injuries such as dislocations are fractures. Immediate symptoms will be severe.
|Moderate foot injuries
|Displaced fractures that cause deformity and continuing symptoms.
|£13,740 to £24,990
|Less severe wrist injuries
|Injuries whereby there could be some permanent disability, for example, this would be a degree of stiffness and persisting pain.
|£12,590 to £24,500
|In such circumstances, the person will have recovered for the most part. Any continual effects are not going to be grossly disabling.
|£8,180 to £23,150
|Minor back injuries (i)
|This payout bracket incorporates soft tissue injuries, as well as less serious strains, disc prolapses, and sprains.
|£7,890 to £12,510
It doesn’t matter what type of injury your child has suffered, if it was through no fault of their own, one of the main questions you may want to discover the answer to is how much compensation you could get. Sadly this question is quite difficult to answer. Without knowing the specifics of your case, it is impossible to provide an exact figure. Nevertheless, this section aims to provide an insight into how compensation is calculated and the damages you may claim.
Firstly, it is imperative to acknowledge that compensation amounts differ dramatically. You only need to look at the table in the section above to see that this is the case.
It is important to realise that you may get compensation for two things when you have suffered an injury. The first thing you may receive compensation for is obviously your suffering – i.e. the pain your child has been in and the impact the injury is going to have on their everyday life. However, aside from this, your child or you may also be eligible for compensation for any special damages. This relates to any expenses you have encountered solely because of your injury. This could be anything from care costs and transport expenses, to loss of earnings while you looked after your child and medical expenses.
When it comes to health and safety, all schools need to take reasonable steps to determine the risks at their premises and to put measures in place to reduce them. This is known as a duty of care. The UK Government provides useful insight on this on their website. You can also check out this link for information on reporting incidents that happen in schools. All schools should have a health and safety policy. If you want to read it, the school should permit you to do so – simply ask them to view it.
All schools owe their teachers and students a duty of care. This means that they have to take reasonable steps to ensure that a safe and healthy environment has been provided. However, it is worth noting here that when it comes to car crashes outside of the school gates, adults and children are treated very differently in terms of duty of care.
Children are expected to be less aware and more inquisitive when it comes to potential dangers when compared with adults. Because of this, children are owed a greater level of duty of care when compared with visitors and employers.
There are so many different accidents and injuries that could potentially happen at a public school. Examples include:
- Food that has not been prepared correctly, causing food poisoning.
- Trips, slips, and falls on school premises.
- Sporting accidents.
- Unsafe equipment such as chairs and desks.
- Injuries caused by dangerous walkways, playgrounds, and buildings.
- Accidents when using play equipment.
Of course, there are accidents that could happen to members of staff as well. This could be injuries that have been caused because of unmaintained equipment or unsafe work conditions, for example. You could also make a claim if you were the victim of an assault or any other type of criminal activity and you do not believe the school did enough to protect you.
While injuries and accidents are as likely to happen on a school trip as they could inside of the school, this does not mean the school will be held liable. It all depends on the circumstances of what has happened. You would need to show that the school is to blame, i.e. that they failed in their duty to supervise the child as they should have been. You may also be able to make a claim if your child or you have been injured at the school gates.
When making a school accident claim, it may help to know the school procedures, including their health and safety rules in order to avoid accidents. With all that said, some accidents may be due to someone else falling foul of the rules. Some of the most common incidents range from food poisoning and sports injuries to unsafe school equipment and injuries caused because of poor supervision. You may also be able to make a claim if there has been a school bus accident injury claim. However, this does depend on the circumstances of what happened.
If your child has been injured at school, you may wonder ‘can you sue a school?’. It may be possible to claim following accidents in schools. Procedures following an accident can involve gathering evidence. If your child is under the age of 18, a litigation friend will need to be appointed to claim on their behalf.
Examples of evidence could include:
- Medical records.
- Witness contact details.
- Photographs of the scene.
- Pictures of injuries suffered.
This list is not exhaustive. You could sue a school with other types of evidence. If you get in touch with our advisors, they could provide more information on what forms of evidence could work best for your claim.
Call our advisors for more information on how to sue a school.
If you are making a public school personal injury claim for the first time it is likely that you will have a lot of questions. In fact, one of the main reasons why so many people in the United Kingdom may not receive the compensation they are entitled to is because there may be a lack of knowledge surrounding making such a claim and how to deal with accidents in school.
This may also be the case when it comes to the time limits on making a public school personal injury claim when using a solicitor. A lot of people may not realise there are time constraints. They may believe if they have suffered a personal injury they can claim for it whenever. Unfortunately, this is not the case. You must adhere to the personal injury claims time limit.
You may be thinking, surely if you have suffered an injury, you would claim straight away? Of course, this is an obvious viewpoint to take. However, a lot of people may want to cope with their injury, i.e. the recovery process and coming to terms with the incident before making a claim. This may especially be the case when their child has been hurt. There may also be incidents whereby individuals may not even discover they could have been entitled to compensation until several years down the line.
So, how long do you have to make a claim with a solicitor’s help? Usually, you will have three years since the accident in a public place occurred. However, there are indeed instances whereby injuries do not show themselves straight away. In these cases, you could have three years since being diagnosed with the injury by a medical professional.
As a parent, though, you may find rather than having three years since your child was injured, you may be able to make a claim until your child turns 18-years-old. After this, your child then has three years to make a public school personal injury claim if you do not. However, it is not advised to leave it this long because it could be difficult for your child to claim years later when the details are not fresh.
If an injury has been sustained in a school, then compensation may still be claimed if you have evidence that it was caused by a breach of the school’s duty of care. Whilst gathering evidence of the school’s liability is an important thing to address, another is whether or not to hire an expert solicitor.
Doing so could help the process seem less daunting, as they can answer any questions you have along the way and assist you in various aspects of making a claim following a school accident.
In addition, every who we work with operate under a No Win No Fee agreement. So, if you’re concerned about being able to afford legal help, this may suit your needs.
When you make a No Win No Fee claim, you and your solicitor negotiate what percentage of the settlement you may receive will be awarded to them if the claim is successful. If you do not receive any compensation, then you are not required to pay your solicitor this percentage. Working in this way can help towards reducing the financial risk involved in hiring legal help.
It is allowed by law to claim for personal injuries sustained in school accidents and other settings without legal assistance. However, if you are not familiar with what’s involved in the process then it can be a daunting task to carry out on your own. We advise giving us a call to discuss your options with regards to legal representation.
If you are ready to make a public school personal injury claim, we have some good resources to help you make a claim. We know that it may be very overwhelming when it comes to accidents and injuries, especially when your child is involved. You want to make sure that there is someone reliable and experienced to assist you. This is why we have gathered some credible resources to help you get started. For a recommendation specific to your case, just contact our team and we’ll help.
- GOV- School Safety for Children – The government’s page on safety at school.
- HSE Schools – What the HSE says about schools
- Information on injuries at schools – For further research on this type of accident
- Public accident claims – Our definitive guide on public accidents.
- Slips and trips on Council property – Here, you can find our guide.