Injury and Accident to Child At A Trampoline Class After School – Solicitor Sues
The injury and child accident example claim would be against the local school and council who will be responsible for the upkeep of the school or if privately owned its owners or occupiers that caused the child’s accident causing injury. The accident was caused by a lack of supervision and spotters when using a trampoline which whilst at School. The child attempted a somersault for the first time, landed awkwardly and causing personal injuries. Solicitors would then advise the local council and or School in question by way of a letter of claim setting out the accident particulars, the time of the accident, what happened, if there were any witnesses and set out full details of why the solicitors and the litigation friend on behalf of the infant child consider the council and or school was to blame for the accident and the injuries sustained both physical and emotional.
The blame particulars that the child solicitor’s letter of claim would contain would look something like this:
The child’s accident was caused by the negligence of the of the defendant, their employee or agents in negligence or breach of statutory duty:-
- The School and or Council failed ailed to provide a safe class for children thereby causing the said accident and injury to the child.
- The School and or Council failed to provide appropriate health and safety training to the child thereby causing the said accident and injury to the child.
- The School and or Council failed to supply enough teachers to attend the class to maintain safety thereby causing the said accident and injury to the child.
- The School and or Council failed to provide any or any reasonable system of maintenance and repair of work equipment thereby causing the said accident and injury to the childThe School and or Council failed to have any or adequate regard to the safety of our client and exposed the child claimant to an unnecessary risk of injury thereby causing the said accident and injury to the child
- The School and or Council negligently created a trap and or danger thereby causing the said accident and injury to the child.
- The School and or Council failed to provide any or any suitable training, instruction or warnings of the dangers enumerated above thereby causing the said accident and injury to the child.
Disclosure of Documents In The Letter of Claim
Unless liability is admitted in full solicitors for the infant child will expect the school or council to disclose all relevant documents in accordance with a Court Protocol which exists in personal injuries claims. It is a procedure that encourages solicitors acting for the parties to exchange information quickly to help speed up the claim for injury process. Examples of documents the child’s solicitors would request would be something like the following:-
- Accident book entry of the accident in question.
- Details of similar accidents pre dating our client’s accident by a period of 12 months.
- Risk assessments.
- Written explanation as to why one teacher was supervising a class of 15 – 20 children and confirmation if this is standard practice.
- Written explanation as to why one teacher was supervising a class which was using 4 trampolines and written confirmation that this is standard practice.
- Details of health and safety training our client received before the accident occurred.
Child’s Accident and Injury Claim
The letter of claim would then specify the nature of the child’s injuries such as a head injury, fractured arm or leg, back injury, neck injuries etc. The solicitor here would specify the full extent of the injuries to the child or children if more than one involved in the accident. The solicitor would then try to agree an independent medical expert with the party to blame for the accident. The doctor would then examine the child in the presence of the mother or father (litigation friend) and provide a written report on the injuries sustained by the infant child. The written report will then form the basis of the amount of damages or compensation the child will receive. Obviously the more severe the injuries to the child the greater the amount of compensation will be awarded to the child. As child injury and accident solicitors, we will be able to advise the parent or guardian of the amount of compensation for the injuries sustained to the child in respect of the accident. As a general guide please click on the Accident Injury Dummy which is provided on our main web site – CLICK COMPENSATION GUIDE HERE – www.hutcheonlaw.co.uk
Settlement of Child Injury Compensation
Once the case is settled and the case in won, the compensation will be payable until the child reaches the age of 18 years which is the age when the law determines that a child can act for himself/herself without the need for a parent or guardian. Up until the time the child who has been injured on the trampoline reaches 18 years of age the child must always act through a parent or guardian. If the child needs money for education, welfare or benefit before reaching 18 years, the child’s accident injury solicitors will request from the court a payment out of the compensation fund on account.
The compensation payment to the child following an accident claim will be invested on the child’s behalf at the Court Funds Office special court bank account which gains interest and is invested on behalf of the child until the child reaches the age of 18 years of age.
It is important once the case has been finalised that the parents and the child keep a note of the court case number and the address of the court. If the family move address they should also remember to let the court know of the new address so that the court will be able to keep track of the family and remind the child when he or she reaches the age of 18 years that the compensation plus interest will be paid so that the final compensation claim for the injured child victim will finally come to an end.
Our web site has several ways to contact us
Child accident and injury solicitors