Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
0131 662 6988
0131 667 8175

MASS Motor Accident Solicitors Society

Moffat & Co Solicitors Over 25 years of experience at your service

Activity Holiday Accident Claims

Activity holidays – who is responsible for your children’s safety when they’re away from home?

There are many situations in which a child is placed in the care of people other than his or her parents. Should an accident befall a child in this situation, who has to take responsibility for the child’s injuries?

During term-time, many parents allow their children to go on school trips whilst under the car of teachers and staff. During the summer months, many parents elect to enrol their children in summer camps or activity weeks, so that they can continue to work as usual. Unfortunately, accidents can happen and parents are often left wondering who is at fault.

The simple answer is that the responsibility for your child’s welfare rests on the shoulders of those who are supervising. Whether they are teachers or camp staff, by agreeing to look after your child they are also agreeing to all the legal responsibilities that come with it. Children of all ages can be inquisitive, careless and even reckless. However, it is up to the carers involved to ensure that there is adequate supervision and that the risks have been properly taken into account. Failure to comply with the strict standards involved in caring for children is a breach of the duty of care that carers embrace when looking after other people’s children.

If you are considering sending your child on a summer camp or a school trip, but are concerned about who is responsible for their safety, then there are some basic things you should make yourself aware of:

  • All staff should be qualified, trained and CRB checked.
  • At least one member of the staff should be a fully qualified First Aider.
  • Any ‘risky’ activities must be properly assessed and you have the right to see a risk assessment form.
  • There should be an adequate number of staff to cope with the numbers of children.
  • If required, specialist or protective clothing should be supplied. If this is not supplied by the school or adventure camp then you must receive enough notice to allow you to buy or borrow some.

If a school or adventure camp fails to observe any of these or the other recommendations surrounding child safety and childcare, they could very easily be in breach of their duty of care.

If your child is injured or has an accident or is injured whilst under someone else’s care, you have a legal right to seek restitution through the courts. However, the law regarding children’s personal injury claims can be complicated.

As a parent or guardian, you have until the child is 18 to launch a claim. After the child reaches adulthood, they then have an additional three years in which to pursue a claim if they so wish. The time factors are included as the law recognises that injuries sustained in childhood can affect a child’s development or health in later life. Although a child cannot directly make a claim, you can assume that status of a ‘Litigation Friend’ and act on the child’s behalf. If this is the case, then you should seek the services of a personal injury lawyer who specialises in claims on behalf of children.


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Since contacting Stan I was continously informed of the development and progress of each step of my claim. Stan was persistent and patient throughout the whole process and reassured me he would win me the compensation I deserved - and he was true to his word. I am extremely happy with the outcome of my claim and this is all thanks to Stan.


My case was dealt with personally by Stan Moffat and what a brilliant guy. His office contacted me personally by telephone at the start of my claim to explain who they were and what they would be doing for me. All through the case I was kept fully informed of all actions either by e-mail or by letter and reassured by Stan several times of any queries I had.

It is very seldom that a solicitor will take the time to speak personally at any time with you without getting run through secretaries etc. I commend this man for that as this was a very upsetting and important time for me and he did everything in his power to make this as easy and as swift as possible for me.

I highly recommend the service that this firm brings and the speed that they move at.

J McMahon

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