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For free parenting resources please check out the Early Years Alliance's Family Corner.

Parenting

should I claim against the school after a childs brain injury

102 replies

shequeenb · 16/02/2013 12:43

My dilema is that my son has been left with permanent double vision after a friend demonstrated a wwe move on in 4 years ago which put him in hospital. He has had double vision on and off ever since, but on the 9th September just gone his single vision just went on him and he has had double vision ever since. He has been seen at Morfields and we were told that he has this for live and nothing can correct it. He has since gone on to secondary school since the injury but the primary school know all about it. This injury was done in the dinner line. I have been back for a second hospital appointment and I was told one again that it could not be corrected and that the double vision stems from a brain injury most certainly caused by the trauma to his neck. The problem is my daghter still goes to the school, and I have always supported the school. I am not sure what to do, obviously this double vision has had a dramatic effect on him, he can only read 36 font size and now writes like an infant, so I need to try and sort a statement for him or laptop. We might have to consider a school that specialises with sight loss.

OP posts:

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noblegiraffe · 16/02/2013 12:54

That sounds awful. However, can't you only claim against the school if they were negligent?

LIZS · 16/02/2013 12:57

Suspect it wodul depends on the circumstances and how well documented the injury was at the time, the prognosis and the subsequent problems. Do you have any neurological evidence, scans etc for example ?

Tee2072 · 16/02/2013 12:57

That was hardly the school's fault, was it? If you must sue someone, sue the little boy who hurt your boy.

Or accept that accidents happen and just sort the help your son needs.

BlueberryHill · 16/02/2013 12:58

Go to a solicitor to see if you have a case, you can then decide if you do want to proceed.

Sparklingbrook · 16/02/2013 12:59

Oh shequeen that is horrible, your poor DS. I am sorry I don't know about the legal thing, as noble says were the school negligent? Do the other child's parents know what happened?

BlueberryHill · 16/02/2013 13:00

Tee072, the problem is that the boys parents are unlikely to have the cash or that a child of primary school age will be held responsible. I think the issue is likely to be around whether or not the school breached a duty of care towards your children, how good the playground supervision was, had there been instances before which hadn't been dealt with etc.

Sparklingbrook · 16/02/2013 13:01

It doesn't sound like an accident Tee, sounds like the other boy shouldn't have been showing off his WWE moves.

DoctorAnge · 16/02/2013 13:01

That is awful

Are the parents of this boy aware of what he did? How old we're they?

Melpomene · 16/02/2013 13:03

Yes, you can only claim if you can show that the school were negligent - for example, if the boys had been wrestling in an inappropriate way for a significant amount of time and the school staff had done nothing to stop them. If the wrestling move was more of a 'one off' / sudden incident that happened in a flash it wouldn't be negligence on the school's part. If the school made any sort of apology at the time, or changed their policies in response to the accident, it could strengthen your case.

If you think there is a possibility the school was negligent then get proper legal advice.

The school will have insurance to cover claims so the fact that you support the school or your daughter goes there shouldn't mean you can't claim if they genuinely were negligent.

christinecagney · 16/02/2013 13:04

AFAIK you can't sue the child but you can sue the school for inadequate supervision though depending on the circumstances you may not get very far. Is the school an academy or an LA one? The LA will deal with the case if it's an LA school. Make sure you use a good solicitor though, lots of no win no fee type people take advantage of parents in this situation.

FWIW I think you should sue or a least investigate the possibility: that's a terrible injury your son has suffered.

CoffeeandDunkingBiscuits · 16/02/2013 13:07

Your poor ds. :(

Delayingtactic · 16/02/2013 13:10

I am so sorry. My sister lost most of her vision in one eye and lives with permanent altered vision and has learnt coping mechanisms and now you wouldn't even guess.

But I don't understand why you want to sue the school? Yes this boy shouldn't have been showing off his moves but it was a terribly tragic accident and no-ones to blame. It probably happened in an instant and of they told you about it, have supported him since and made sure that supervision is adequate I'm not sure what you're hoping to gain.

Floggingmolly · 16/02/2013 13:12

If it had happened in your own home on a playdate, who would you consider responsible? Just because it happened on school premises doesn't mean the school could in any way have prevented it.

HorraceTheOtter · 16/02/2013 13:16

This reply has been deleted

Message withdrawn at poster's request.

NorthernNobody · 16/02/2013 13:23

No amount of money will give him his sight back. The legal proceedings will put you in an antagonistic role which will affect your emotional well being for the duration. Unless you have a belief that the school were negligent I'd question if this was going to give you a good outcome.

Sparklingbrook · 16/02/2013 13:25

That's very true Northern.

I don't know how you come to terms with a moment of childish madness in the lunch line ruining your child's sight for life. i think I would explode with bitterness.

christinecagney · 16/02/2013 13:25

Sorry I meant 'could' not 'should', above,,,,auto correct .

DeepRedBetty · 16/02/2013 13:27

Talk to a reputable firm of solicitors - NOT no-win no-fee ambulance chasers.

Fallenangle · 16/02/2013 13:40

The school's insurers will look at the case and decide whether

to contest the case i.e whether they have a good chance of winning and recovering their costs from you
offer to settle out of court.

In deciding this they will look at what happened, where it happened, who saw it etc to make up their minds as to whether or not someone was negligent. Even if they have a quite strong defence they may offer to settle to avoid court. Be careful about hidden fees or insurance with ambulance chasers.

Fallenangle · 16/02/2013 14:01

I just reread your original post OP.Can I ask if you think the staff at the school were negligent and i

ThreeBeeOneGee · 16/02/2013 14:05

I agree with what Northern said.

HecateWhoopass · 16/02/2013 14:06

your poor son. I'm so sorry.

re suing - how were the school negligent? could it have been foreseen and prevented? Did they see it happening and fail to act, despite having been able to if they had wanted?

Was it their fault, or was it a dreadful accident that nobody could have predicted?

If the child had a history of springing those moves on people, and the school knew that and did nothing, then perhaps.

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Narked · 16/02/2013 14:11

Talk to a decent solicitor.

shequeenb · 16/02/2013 20:55

Do you have any children or are you a head teacher

OP posts:

shequeenb · 16/02/2013 20:57

Yes I have it in writing from Morfields eye hospital.

OP posts:

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