Derby child’s accident claim

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges.

Parental liability in negligence to a child can arise and claims can be made on household or motor insurance insurance ( child passenger/parent negligent driver claims).

Many accidents involving children arise out of the condition of the premises and the claim may be for occupier’s liability.

Duties are imposed on teachers and others to regulate the conduct of pupils:    in preventing one injuring another; in preventing a child being injured by dangers outside the school premises; and in preventing a child becoming a danger to others outside the premises.

The degree of instruction and supervision required of teachers depends on the age and character of those in their care, and of the knowledge acquired by the teacher of the child’s conduct. Most schools now have written policies in respect of levels of supervision, acceptable behaviour, school security and so forth. Where the conduct complained of can be shown to be in breach of such a policy, a claimant’s chance of proving negligence is good.

Schools owe children the following duties:

(1)     A head teacher and teachers have a duty to take such care of pupils in their charge as a careful parent would have in like circumstances, including a duty to take positive steps to protect their well-being …

(2)     A head teacher and teachers have a duty to exercise the reasonable skills of their calling in teaching and otherwise responding to the educational needs of their pupils …

(4)     The duty is to exercise the skill and care of a reasonable head teacher and/or teachers, applying the Bolam test, namely, whether the teaching and other provision for a pupil’s educational needs accords with that which might have been acceptable at the time by reasonable members of the teaching profession …

The teacher/pupil relationship is one which gives rise to a positive duty to prevent harm, just as the relationship of employer/employee does. It is not absolute but arises in many situations. It seems clear that activities giving rise to a higher level of risk to the inexperienced will require a correspondingly greater level of care from the teacher or supervisor.

Where a claim is made by or on behalf of a child, CPR 21.10(1) provides that the approval of the court is required for a binding settlement to be reached . The claimant’s solicitor will often instruct counsel to provide a written opinion on quantum where court approval is sought.

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