Child Accident Compensation Claim: Can I claim for my son’s injury at school?
Can I make a child accident compensation claim for my son for an injury caused at school by another child?
My son was tripped by another child in the classroom causing him to fall and bang his head and badly cut his face requiring stitches. He has been left with permanent scarring.
Child Accident Compensation Claim Solicitor Response
To decide whether you have a UK child accident compensation claim you must consider the following:
1. Making a compensation claim against the school
A school is responsible for the safety of its children – the younger the children the greater the duty on the school to take care.
Your son’s accident was caused by the act of another child, so it is difficult to hold a school responsible unless:
- The school knew that the child who tripped your son had done so to other children and was not warned or disciplined; or
- The children were left unsupervised in the classroom by the teacher; or
- The children were allowed to play dangerously in the presence of the teacher without warning.
Click accident at school to see the duties on a school to take care of your child’s safety
2. Making a compensation claim against the child who tripped your son
It may seem odd to suggest that a injury to minor claim could be made against another child, but you might be interested to learn that sometimes this is possible.
Very young children cannot be considered negligent in causing an accidents as they are too young to realise the consequences of their actions, but older children can.
A child of 10 years is young, but not necessarily too young. The test in law is: would an ordinary child of 10 years realise that tripping another child could cause injury? If the answer is “yes” an accident child claim could be made against the child who tripped your son.
3. How can a young child of 10 years of age pay a compensation claim if successful?
Of course a young child would not have the means to pay a your son’s compensation claim even if successful, but you must remember that most children live with their parents in a home which has building and contents insurance.
Building and contents insurance will normally cover the cost of paying compensation for any acts of negligence by a household member, including children.
Have a look at your own building and contents insurance for a guide and you will find that any claims of compensation (excluding road traffic accidents) will be covered.
If there is no insurance in place there is no point in making a claim – in the United Kingdom parents are not responsible for a compensation claim against their child.
4. Criminal injury claim for your son’s UK child accident
A child of the age of 10 years and over can be convicted of a criminal act in England and Wales.
If your son was injured as a result of bullying and the police were involved then an application could be made for criminal injuries compensation on your son’s behalf..
Click criminal injury compensation to learn how to apply for UK criminal compensation for an injury to a minor
5. The implications of making a child accident compensation claim on your son’s schooling
If a claim is made against your son’s school it is very unlikely there will be any come back at all on your son. Of course, if a claim is made against his classmate it is difficult to know what effect this will have on his friendship.
My suggestion is one of diplomacy. Perhaps speak to the parents of the child who tripped your son and see if they have insurance that will cover a compensation claim. If insurance is in place I would seriously consider a claim.
Perhaps explain to the other parents first what you are thinking – it will not cost them anything – at most a small insurance excess, but the compensation your son would be entitled to would be substantial – several thousands of pounds.
You would also be able to claim the cost of a top plastic surgeon operating to minimise the effect of scarring in later life.
6. Specialist solicitor online and telephone help provided free of charge
See our specialist solicitor free help where you can ask an online question, call direct to our solicitors or arrange a callback to discuss if your son has a compensation claim.