General Chat Thread, Where there's blame there's a claim or not? in General; My 14 year old son broke his humerus bone near the elbow last thursday while in school in PE. He ...
11th February 2009, 09:38 AM #1
Where there's blame there's a claim or not?
My 14 year old son broke his humerus bone near the elbow last thursday while in school in PE. He was standing on a bench at the time waiting for a basketball to be thrown to him where he was supposed to then catch it an throw it on. Before the ball even got to him the bench tipped over and that's when the break occurred.
He was in a lot of pain and the hospital told us that he was lucky that he didn't need it pinning. Anyway he was oiff school until Tuesday where he went back in to study in the library until he is happy moving among the hordes of students.
So, anyway, I rang his school asking for details of the accident and if they had a risk assesment for the acvtivity they were carrying out.
i have had no reply yet 48 hours later.
The school manager at my secondary school told me that we should go an see a solicitor about claiming compensation for him as that is what happens in our school and we are insured against such thing so the school will not take it personally.
My question to my fellow edugeekers is what would you do?
I'm not really sure about the whole compensation thing but it could go into my sons bank account for when, or if, he went on to further education?
11th February 2009, 09:49 AM #2
why was he standing on bench in basketball?
was he told to by PE teacher?
hmm,doesn't sound like safe practice to me , you may have a claim...
11th February 2009, 09:51 AM #3
Yes, he was told to stand on the bench for the game they were playing.
I still have not had the schools account of the event so i am still holding full judgement!
11th February 2009, 10:02 AM #4
I'd have to agree that it sounds like the PE teacher put him at risk here.
You probably do have a claim for compensation, just don't get overly ambitious about the amount. If I remember correctly about £2000 is at the point where insurance companies will consider fighting a case rather than just paying out.
11th February 2009, 10:04 AM #5
Well my wife has just this second rang me and asked me not to cause a fuss as she doesn't want his school life ruining.
I would just like a letter of explanation to start off with!
11th February 2009, 10:14 AM #6
He's fourteen, might be worth asking him what he'd like. He should at least get a full apology from the school I'd think.
11th February 2009, 10:18 AM #7
Yeah - it would be nice to hear the schools side of things and would probably put your mind at ease.
But as a whole I don't agree with all this compensation lark. Everybodys suing everybody for everything. Me no likey!
11th February 2009, 10:20 AM #8
I do understand where you are coming from - but in this case I believe that it was a simple accident.
These things happen - would you rather that your son is not allowed to play any sort of game in case a ball hits him or perhaps he falls off the gym equipment?
As more and more people claim compensation, less and less PE and the like will be done in schools, or anywhere else for that matter.
Are you SERIOUSLY saying that you feel that your 14 year old should not be allowed to stand on a bench?
There are cases where there has been serious negligence but I really don't think this is one of them.
As I said, Accidents happen.
11th February 2009, 10:27 AM #9
Spot on. We're turning into a blame cultured nanny state. Shoe laces need to be outlawed before someone trips!
Originally Posted by witch
11th February 2009, 10:37 AM #10
I'd agree as long as the school/PE staff can explain to you what happened and you are happy then there is no need to start shooting claims off. Problem with "Where there's blaim, there's a claim" is someone can always proportion blame to someone else, doesn't mean it is fair or necessary.
As for kids shouldn't be standing on a bench!?! You never played bench ball? Or used them in PE for balances/travelling exercises/etc? As for the PE teacher obviously put him at risk we may as well close all schools as parents are putting their kids at risk by sending kids out of the houses....... And calm... Sorry, pet bugbear or mine. Next they will stop me allowing kids to axe juggle, make flame throwers and play with knives!!
11th February 2009, 10:42 AM #11
I have to agree with witch. Benches are 'standard PE equipment' and are designed for standing on. Your son had a very unfortunate but serious accident.
I would want to see the accident form for this incident and requesting to see it would not be unreasonable. If there isn't one, you would have more grounds for concern. The form has to be completed as soon as possible after the incident and cannot be changed once filled in.
11th February 2009, 10:49 AM #12
Phone an ambulance chaser, let them deal with it. collect pay cheque at the end.
11th February 2009, 10:55 AM #13
Those benches are designed to be stood on, jumped on, walked on etc. Was the bench physically sound? They don't just tip over, maybe someone else tipped it?
Personally, accidents happen, don't sue it just pushes up premiums and leads to fun stuff getting banned.
Hope he fixes soon though.
11th February 2009, 11:11 AM #14
Agree with Hightower, i dont like this compensation culture either, Yes he was put at risk, but still it was an accident, i know it could have been prevented but an accident no less... I think a formal apology from the school and explanation would be enough for myself....
Originally Posted by Hightower
11th February 2009, 11:27 AM #15
So long as the school has had its PE equipment checked, and the activity was a normal sporting activity (bench ball is a normal sporting activity), then I think it will all be fine from the school's perspective.
I'd mark it down as an accident, and move on.
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