As a parent, you may feel anxious about sending your child away on a school trip and hope that the school can keep them safe. However, if your child gets injured, you may wish to know more about school trip injury claims. But there is one tricky question which must be determined before starting the claims process- is the school responsible for your child’s injury?
At Legal Expert, we understand that the answers to all questions aren’t straightforward, and for any type of personal injury claim, you need hands-on guidance. Our solicitors have been successful in securing compensation for children for many years, and we promise not to disappoint you. We will maintain full confidentiality, accountability and an open flow of communication so that your fears regarding the claims process can be alleviated.
Get in touch with our team now for more information on how to claim compensation for any kind of personal injury. They can discuss any aspect of school or nursery accident claims with you.
Can I Claim For My Child’s School Trip Injury?
You may be able to claim for your child’s school trip injury if you are able to prove that the accident occurred due to the negligent actions of a liable party. So, if a third party owed your child a duty of care at the time of the accident, they would be considered the liable party. A duty of care is a responsibility on the part of any entity to ensure the relative safety of those under its care. This responsibility varies according to the situation.
Therefore, the eligibility for school trip injury claims is:
- A liable party had a duty of care towards your child in that particular situation.
- They breached this duty.
- Your child got injured due to this breach.
In some cases, multiple parties may owe your child a duty of care. For example, an activity centre, the local authority and the school. In the subsequent sections, we will examine in great detail when exactly the school can be held liable for your child’s injuries. Read on and call us if you have any queries.
Examples Of How A Child Could Be Injured On A School Trip
Some common examples of accidents which may lead to school injury claims include:
- Slips, trips and falls: Due to uneven grounds or defective handrails on staircases, a child may fall and suffer from soft tissue injuries or fractures.
- Sports and playground injuries: These accidents may occur in a playground, park or a gymnasium, leading to traumatic brain damage, back injuries and fractures.
- Food poisoning and allergies: If your child is served food containing allergens or contaminated ingredients, it could lead to rashes, asphyxiation, diarrhoea and nausea.
- Coach or bus accidents: Due to defects in the vehicle or sudden braking, a child may fall and injure their hands, feet or head.
Call our advisor now for more examples of accidents at a school trip or to discuss your child’s claim.
Is The School Responsible For Your Child’s Safety?
According to the government’s guidance on health and safety for school children, the school is responsible for a child’s safety within the premises as well as on a school trip. This guidance lays down the following responsibilities:
- Appointing capable individuals who can ensure the safety of pupils in the school.
- Implementing a health and safety policy.
- Conducting risk assessments for all school activities and reducing risks wherever possible.
- Eliminating or substituting a non-essential activity in case of any associated risks.
The Health and Safety Executive (HSE), Britain’s occupational safety watchdog, has provided some guidance on children’s play and leisure. This guidance focuses on weighing the risks and benefits involved in any activity related to children. The HSE has also provided advice on preventing slips and trips in education since these accidents are very common among pupils, such as:
- The maintenance of proper lighting is important, especially near uneven surfaces.
- Steps must be taken to avoid slippery surfaces or obstruction on the grounds or to clear them immediately.
Therefore, the school is responsible for your child on the premises and to a certain extent, on external activities and trips organised by it.
Discuss school trip injury claims with an advisor now. They can help assess who was liable for your child’s injury.
Is The School At Fault For An Accident Or An Injury?
The school may be responsible for your child’s injury if it occurred due to the school’s breach of duty. This could be due to a lack of supervision by the school or the planning of an inherently unsafe activity.
However, if the child is injured in a public place, such as a museum, a coach or a playground, and the school isn’t responsible for it, there may be a public liability claim. According to the Occupiers’ Liability Act 1957, the person or organisation in control of a public place or the ‘occupier’ has a duty of care towards the visitors. Therefore, you may be able to make a public liability claim for your child if:
- The occupier, or the manager of the public place in the given situation, had a duty of care towards your child.
- They breached this duty of care.
- The breach resulted in your child getting injured.
We will now discuss with the help of some examples the scenarios in which the school or occupier may be held responsible for a child’s injury.
Who Is Responsible If My Child Was Injured Whilst On Holiday With School?
The liability will depend on who was responsible for your child’s safety at the time of your child’s accident, such as:
- School or local authorities: For a failure to conduct risk assessments or supervise adequately, or for choosing unsafe activities or locations. For Example: Your child’s school plans a physically taxing excursion, which may be too difficult for younger students to handle. They fail to consider the health of the children and do not take proper precautions, causing a child to sprain their ankle during a trekking activity.
- Teachers or staff members: If the injury was due to inadequate supervision or poor planning. For Example: A teacher fails to do a headcount before leaving a place. This results in a child being left behind, who falls and injures his head while crossing the road by himself. In this instance, the teacher may be held liable for the child’s injuries.
- Transport providers or tour operators: If the accident was due to unsafe vehicles or locations.
- Third parties: This can include museums, hotels or activity centres, if the accident was due to defective equipment or an unsafe environment. For Example: Your child is on a school trip with their teachers and classmates, and the entire group is eating at a restaurant. Despite being aware of your child’s nut allergies, your child was served a dish containing peanuts. Coming in contact with the dish causes your child to develop rashes all over their skin. Therefore, in this case, you may be able to make a public liability claim against the restaurant management.
My Child Had An Accident At The School Entrance Who Is Responsible?
The party liable for your child being injured at the school entrance depends on whether the accident happened within the school or at the perimeter. It is also necessary to determine whether the party concerned had a duty of care towards your child.
If the accident occurred within the school grounds due to a breach of duty by the school, then they may be held liable. On the other hand, if your child was injured outside the school premises, they won’t be considered responsible.
For Example: If your child trips and breaks their knee due to an uneven path within the school, then the school will be liable. However, if your child trips on an uneven pavement right outside the school, then your child’s claim may be against the local council.
Call us now to discuss whether your child’s school is liable for their injuries. School trip injury claims can also be made against occupiers, including the council or a restaurant.
How Much Compensation Could My Child Get For A School Trip Injury?
The compensation your child may receive for a school trip injury depends on factors like the type and severity of their injuries. As far as your child’s pain and suffering is concerned, that will be covered under general damages, which is usually calculated by referring to the Judicial College guidelines (JCG). The JCG provides a list of various illnesses and injuries, along with the compensation brackets that may be considered for them.
Our table below contains some JCG figures that may be related to school trip injury claims, except for the entries in the top row. Please use this table for guidance only.
Injury Compensation Guidelines
Multiple Severe Injuries and Special Damages Up to £500,000+
Moderate (i) Brain Damage-Moderate to Severe Intellectual Deficit £183,190 to £267,340
Severe (iii) Serious Leg Injury- Joint Injuries or Serious Compound Fractures £47,840 to £66,920
Arm Injuries- Less Severe- Significant Disability with Substantial Recovery £23,430 to £47,810
Hand Injury- Less Serious- Crush injury leading to impairment without Surgery £17,640 to £35,390
Moderate (ii) Back Injury- Disturbed Ligaments or Muscles £15,260 to £33,880
Ankle Injury- Moderate- Ligament tears or fractures £16,770 to £32,450
Serious Shoulder Injury- Significant Disability due to damage to the brachial plexus £15,580 to £23,430
Serious Toe Injuries- Multiple fractures or crush injuries £11,720 to £16,770
Digestive System- Illness from Non-Traumatic Injury- Severe (iii)- Allergic Reaction or Food Poisoning Leading to Serious Discomfort £4,820 to £11,640
Can We Still Claim For Financial Loss In A Child Injury Claim?
Yes, you may be able to include financial losses in a child injury claim if you are already receiving general damages. These losses will be counted under special damages and may include:
- Medical expenses, such as medications, diagnostic tests and travel costs.
- Physical aids, such as plaster casts, wheelchairs, or crutches.
- Rehabilitation costs, such as home adjustments, counselling or physiotherapy.
- The cost of professional care, or the hours parents devote to caring for the child.
- Expenses incurred while hiring a private tutor, if your child is unable to attend school for a long time due to their injuries.
Learn more about the compensation payouts in school accident claims by speaking to our advisors now.
What Happens To Compensation Claimed On Behalf Of A Child?
The compensation claimed on behalf of a child is held in a bank account by the Court’s Fund Office (CFO) until the child’s 18th birthday.
If your child is under 18 years, they cannot make their own school trip accident claim. Therefore, you or another trusted adult will have to become a litigation friend to claim on their behalf.
As a litigation friend, it would be your responsibility to maintain the bank account and to complete any court-directed payments. If your child requires early access to any of the compensation amount, you may apply to the court.
Contact our team now for more information on claiming if your child has been injured under the school’s care.
How To Start A Claim After My Child Was Injured On A School Trip
The first step to start a claim after your child is injured on a school trip is to seek medical attention. This will ensure that your child’s health doesn’t deteriorate any further, and you will have an official record of their injuries as part of the evidence.
The next step is to start compiling evidence in support of your child’s injury claim, which can include:
- Photographs of the accident scene and/or your child’s visible bodily injuries, such as burns or lacerations.
- CCTV footage of the accident.
- Copies of communication with the school authorities.
- Medical records, such as hospital discharge summaries, test reports and prescriptions.
- Notes from a psychotherapist to highlight the psychological trauma due to the school trip accident.
- Copies of the attendance records to demonstrate the impact of the injuries on your child.
- Contact details of people who may have witnessed the accident for the drafting of witness statements.
Call our team of advisors now for assistance in gathering evidence for your child’s school trip injury claim.
No Win No Fee Child School Trip Injury Claims
It is crucial to get the right guidance for school trip injury claims. Legal Expert understands that a parent would definitely want to do the best for their child, and that includes working with the specialist solicitors on our team. Once our advisors deem your child’s school injury claim to be valid, they will get a solicitor on board to provide the following services:
- Assisting you with the responsibilities involved in being a litigation friend.
- Calculating the potential compensation for your child’s injuries.
- Booking an independent medical examination to determine the true nature of your child’s injuries.
- Helping you understand all the complex legal terms.
- Collecting evidence to support your child’s injury claim.
- Sharing our database of mental health practitioners and organisations to help your child get past their trauma.
- Preparing all the documents in case your claim goes to court.
Additionally, our personal injury solicitors offer their services on a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement, which means that you don’t have to pay your solicitor’s fees:
- Upfront
- In the beginning
- While the claim progresses
- If you lose the case.
If your claim is successful, your personal injury solicitor will charge a success fee, or a fixed percentage of your compensation. You need not worry about parting with your child’s compensation since there is a legal cap on the percentage that can be taken. Therefore, working with our No Win No Fee solicitors is a cost-effective way of claiming for your child’s personal injury.
Contact Legal Expert
Book your complimentary consultation with our advisors now for more information on our services:
- Call us on 0800 073 8804.
- Contact us online.
- Send us a message on live chat.
My Child Was Injured On A School Trip FAQs
We’ll now try to answer some frequently asked questions related to school trip injury claims:
Can You Sue A School For An Accident?
Yes, you may be able to sue a school for an accident they were responsible for due to reasons like poor supervision or inadequate risk assessment.
What Should You Do If A Child Has An Accident At School?
If your child has an accident at school, you must seek medical attention to prevent their injuries from getting worse and to create a medical record. Then, you must try to collect other evidence of the accident and consult an expert solicitor to claim compensation for your child’s injuries.
Are Schools Liable For Injuries?
Yes, the school may be liable for injuries which occurred due to accidents within the premises or for any other incidents which happened due to their lack of supervision or risk assessment.
What Are Safety Rules At School?
The safety rules at school include being aware of the emergency procedures, avoiding running in the corridors and common areas and reporting hazards.
What Is School Negligence?
School negligence is when a child is injured due to the school’s failure to prevent an accident due to their lack of supervision or improper planning (breach of duty of care).
What Are The Three Most Common Injuries At School?
The three most common injuries at school may include slips, trips and falls, sports injuries and allergies or food poisoning.
Learn More
Learn more about claiming for your child by reading some of our other guides:
- Information on claiming compensation for slipping on ice.
- Our guide on chronic pain injury claims.
- Details on making knee injury claims.
Here are some more varied resources for further reading:
- NHS resource on sprains and strains.
- Government resource on keeping children safe in education.
- Information from the government on finding your local council.
Thank you for reading our guide on school trip injury claims.