Occupiers of premises (usually the owner/landlord) such as shops and schools are under a duty in law to ensure that everyone who is a visitor to their premises are safe. This naturally includes children but the law often imposes a greater duty of care on occupiers to ensure the safety of children, in particular an occupier must be prepared for children to be less careful than adults.
The main legislation is contained in the Occupiers Liability Act 1957 and 1984 which governs the law relating to owner/occupiers of property and land for residential and commercial premises.
The most common type of accident to children as well as adults relate to slipping or tripping accidents. These types of accident occur where water, yoghurt or other foodstuff are on the floor and a child slips causing injury. A successful claim for compensation on behalf of the child can be made out providing the shop owners do not have a regular system of clearing up spillages and ensuring that the floors and walkways are free from obstruction.
Schools are unfortunately common grounds for child accidents causing injury. Accidents arise in many ways but some common accident examples are as follows:
- Child Jumped off school roof – A child climbed onto the roof of the school to retrieve the football where he subsequently fell and caused multiple injuries. A successful claim was made for compensation for injury and expenses and loss of earning incurred by the parents.
- Child Jumped of bike shed – The injured child climbed onto a container left on the school premises and subsequently jumped onto a bike shed which subsequently collapsed under the child’s weight causing significant injury.
- Child Scraped face on fence – A child was playing in a school playground sustained injury when running next to a board fixed to the school premises. As he passed the board his face struck an object which was protruding from the fence causing injury. A successful claim was made for compensation for injury and expenses.
- Fire extinguisher – A child in a chemistry lesson was injured when a teacher was demonstrating the use of a fire extinguisher which was accidentally set off and injured the child’s eye. Thankfully there was no serious injury. A successful claim was made for compensation for injury and expenses.
- Stacking Chairs – A claim by a child through its parents was made against the local Council when the child was injured whilst stacking chairs when instructed to do so by teaching staff. The court found for the child because the teaching staff failed to warn the child about the dangers of stacking chairs.
- Tripped on uneven playground – A child was running in the school play ground and tripped and fell over an uneven surface that had been there for sometime but not been repaired. Multiple injuries were sustained.
- Slipped stone gravel path – A child was walking along a gravel path and tripped and fell sustaining injury. The claim was successful as the path was deemed to be unsafe for “play areas” in that it should have been compacted down.
Our child accident and injury claim contact details:
If you wish to make a claim please email us as info @ hutcheonlaw.co.uk
(Please delete the spaces in the email address which is used to prevent automated spam programmes)
Tel: 01928 288211
Fax: 0871 218 1082