Can you claim compensation if your child was hurt at school?
Accidents happen at schools on an alarmingly frequent basis in South Africa. Our law is clear that if your child is injured at school or during extra-curricular school activities due to negligence on the part of the school, you may be able to pursue compensation for your child’s personal injury. In this article, we discuss a few examples of personal injury claims as a result of negligence at school as well as who you could contact to assist you with a claim.
To learn more about the personal injury claims process and how to claim, click here.
Who is responsible?
Claims may be brought against schools, public grounds used for school-related activities (such as camping grounds), or the relevant Education MEC, depending on the circumstances.
The safety of children while at school is covered by common law as well as the South African Schools Act. It is a requirement that reasonable measures are taken to ensure the safety of children under their care. This includes taking preventative measures for foreseeable dangers or events that could result in harm.
Examples of such measures include closing off access to dangerous areas, limiting access to the premises to authorised people only, ensuring that building and safety regulations are followed, such as installing railings where there are high drop-offs, and ensuring ramps aren’t slippery. Schools are also responsible for monitoring children’s activities while they’re on school grounds.
Common causes of claims for school accidents and injuries
Some of the most common causes for injuries in schools include:
- slip and fall accidents, for example, due to missing handrails on stairs or slippery surfaces;
- playground injuries, for example, due to lack of supervision or faulty, dangerous or poorly maintained equipment;
- sports injuries associated with insufficient adult supervision or poorly maintained equipment;
- fights or bullying, with insufficient adult supervision or intervention;
- school bus accidents.
Examples of incidents at South African schools
- In 2016, the courts ordered a school to compensate a boy seriously injured after falling on a steel rod used to hold up a sapling tree.
- In 2013, a 13-year-old boy was badly injured when a group of school children were flipping each other into the air using the cricket nets at school. It was held that the school teachers were supposed to monitor children during breaks and should have prevented the accident. Compensation of R23.5 million in damages was awarded by the court.
- In 2011, a boy sustained brain damage after rolling off an upper bunk bed (with no protective railing) onto a concrete floor at a school camp. Both the camp and the Department of Education were found liable, as they had a duty to foresee the danger and take steps to prevent it.
Pursuing compensation for school accidents and injuries
If your child has suffered serious injury as a result of an incident at school, which could and should have been prevented, seek the advice of a personal injury attorney. The attorney can assist you in investigating the claim, appointing the right legal team including medical experts to prove your case, and manage legal proceedings on your behalf.
We invite you to Contact Paul du Plessis Attorneys for a free consultation at 012 809 1588 or send an e-mail to paul@pauldup.co.za.