reggiep Posted February 11, 2009 Posted February 11, 2009 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?
pinemarten Posted February 11, 2009 Posted February 11, 2009 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...
reggiep Posted February 11, 2009 Author Posted February 11, 2009 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!
jamesb Posted February 11, 2009 Posted February 11, 2009 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.
reggiep Posted February 11, 2009 Author Posted February 11, 2009 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! Thanks again.
jamesb Posted February 11, 2009 Posted February 11, 2009 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.
Hightower Posted February 11, 2009 Posted February 11, 2009 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!
witch Posted February 11, 2009 Posted February 11, 2009 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.
machin05 Posted February 11, 2009 Posted February 11, 2009 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. Spot on. We're turning into a blame cultured nanny state. Shoe laces need to be outlawed before someone trips!
TechMonkey Posted February 11, 2009 Posted February 11, 2009 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!!
elsiegee40 Posted February 11, 2009 Posted February 11, 2009 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.
ICT_GUY Posted February 11, 2009 Posted February 11, 2009 Phone an ambulance chaser, let them deal with it. collect pay cheque at the end.
TwoZeroAlpha Posted February 11, 2009 Posted February 11, 2009 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.
Guest coquet636 Posted February 11, 2009 Posted February 11, 2009 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! 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....
localzuk Posted February 11, 2009 Posted February 11, 2009 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.
BJG Posted February 11, 2009 Posted February 11, 2009 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. Well, it's a consideration. Sounds like an unfortunate accident, but these things happen. Hope he recovers soon.
AyatollahPies Posted February 11, 2009 Posted February 11, 2009 I remember playing a game in PE when I was about 11. You had 2 teams at opposing sides of the Hall. Each team member had a number. The teacher would call out a number, and as soon as they blew the whistle, the 2 opposing players with that number had to run to the centre of the hall (Running towards each other) to get the football and score in the opposing net. Well, me and me old mate Tuckers ran against each other, got there at the same time and collided. I got a hairline fracture in one of my lower leg bones on my right leg. (Biology wasn't my strong point so can't remember which bone). I thought I'd broken my leg, but because I could hobble (in a lot of pain), they let me walk home. (In the snow) Never been in as much pain in my life, mainly due to constant muscle spasms which kept jerking my leg. That was around 1991 when Ambulance chasing was still just an American pursuit. My folks played hell with the school. Not so much because of my injury, but because of their lack of help. They didn't bother calling my folks or consider how I was meant to get home. From what I remember, they stopped playing that game in PE. I'd like to think my folks wouldn't have tried to make a claim over it. If anything, the school should have been sued for gross negligence regards my welfare after the accident, rather than an unfortunate injury during PE. I think the point I'm trying to make is if the school made sure your son was looked after correctly afterward, then leave it be. If they sent him home with a plaster on, sue them to teach them a lesson.
dhicks Posted February 11, 2009 Posted February 11, 2009 My question to my fellow edugeekers is what would you do? Find out exactly what happened first. Check your son doesn't have balance problems (issues with his inner ear?), this could be an excellent time to catch such problems. Otherwise, get your son to Judo lessons and teach him to fall over properly. -- David Hicks
mossj Posted February 11, 2009 Posted February 11, 2009 I wouldn't make a claim, as long as they filled in the paperwork. and have made changes to stop it happening again (if possible)..... Personally I don't think the blame culture is good... but sometimes it hammers the point home and when they don't change anything or look at there practice, they clearly haven't learned. P.S If its anything like my claim then you just fill in some forms and send them off, no court or personal apperances.
Little-Miss Posted February 11, 2009 Posted February 11, 2009 Blimey....was one of your kids a victim of him!? On a lighter note, before i read the title properly i thought you were sueing dr who for something lol!
ozzy Posted February 11, 2009 Posted February 11, 2009 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? Ok. I really DO NOT want to put any noses out but, schools are the source of our income. I've seen the claim for the broken tooth that was caused by a potentally dangerous instrument being brought into school (a ruler!). Accidents will always happen, it's human nature. Sorry if i have offended anybody.
p858snake Posted February 15, 2009 Posted February 15, 2009 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. 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. Aren't those benches also designed to be bolted to the ground? But also if you do end up sueing or whatever, don't go for some large amount of money just enough to cover medical costs.
localzuk Posted February 15, 2009 Posted February 15, 2009 Aren't those benches also designed to be bolted to the ground? But also if you do end up sueing or whatever, don't go for some large amount of money just enough to cover medical costs. No, the benches aren't designed to be bolted to the ground. They are movable, for the purpose of general PE use. And there will be almost no medical costs, as the NHS pays for it all. The only costs may be travel, but I think it may be possible to claim for them too.
dhicks Posted February 15, 2009 Posted February 15, 2009 Aren't those benches also designed to be bolted to the ground? No, these are probably the same benches that most every English school has had in their PE department for the past 20 years or so, 3-metre long or so solid wood with hooks at the end to allow them to be attached to climbing frames and similar. They generally have rubber feat on the bottoms and ends to stop them slipping around. -- David Hicks
mac_shinobi Posted February 15, 2009 Posted February 15, 2009 No, these are probably the same benches that most every English school has had in their PE department for the past 20 years or so, 3-metre long or so solid wood with hooks at the end to allow them to be attached to climbing frames and similar. They generally have rubber feat on the bottoms and ends to stop them slipping around. -- David Hicks If thats the case then may be worth while requesting to see the bench that your kid fell off to see if it is actually safe - and maybe request at the same time for them to check the other benches and get the staff to ensure that the kids are using the equipment safely so at least something similar does not happen again ( at least that being the idea ) as nothing is full proof or is that fool proof ?
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