Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
Edinburgh
Scotland
EH9 2WU
Telephone:
0131 662 6988
Fax:
0131 667 8175

MASS Motor Accident Solicitors Society

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

School Bus Accidents

Back to school time – but is that school safe?

At the end of every extended school holidays, parents breathe a sigh of relief as their children head back to school. However, for some parents, the new term will bring more stresses and strains.

Just as medical professionals have a duty of care to their patients, school staff have a duty of care to their pupils to ensure that, as well as being educated, they are safe in the school environment. Accidents at school can range from bruised knees to tragic, life-changing events. In the event of any accident, it must be ascertained as to whom was responsible for the safety of the child at the time. If the school has somehow breached their duty of care towards a child, then the parent may be able to launch a personal injury claim on the child’s behalf.

Where does the blame lie?

The factor that can cause most confusion in a child’s personal injury claim is deciding where the blame lies. Courts accept that children are inquisitive, but also understand that if proper care is not provided by the school then someone must be held accountable. However, deciding just who is accountable can depend on the school in question. For community and voluntarily controlled schools, the ultimate responsibility for the health and safety manifesto will be the responsibility of the local authority. In foundation and voluntarily aided schools, that responsibility will lie at the feet of the governing body. The on-site staff can also be held accountable. In the case of an accident, it will have to be determined whether the health and safety policy was at fault or whether staff failed to implement it properly.

Certain lessons incur more risks than others do. Science and PE, for example, are two lessons where the potential hazards are fairly obvious. It is up to the school to ensure that in these conditions adequate supervision is provided and that, where necessary, full risk assessments have been undertaken.

Playground hazards

However, accidents don’t only occur within the classroom. The playground is also a potential hazard for any child. Climbing frames, lack of supervision and concrete surfaces can all provide the ingredients for an injury. Schools should have the correct number of supervisors in attendance during any break-time and, dependent on the number of children present, a number of these should be qualified first aiders. In addition, play equipment must be properly maintained and hazardous surfaces should be repaired or replaced as soon as possible.

A school is also responsible for a child’s welfare during school trips. Again, there must be the correct ration of staff to children and some of these must be qualified first aiders. If there are activities as part of the trip, a risk assessment must be undertaken. Any volunteers helping out with school trips must be CRB checked to ensure that they do not pose a threat to children. This is also true of any volunteers who help out within the school itself.

While there are those who choose to complain about the stringent nature of health and safety rules, it only takes one serious accident before everyone wants to know why such measures weren’t enforced in the first place.

Bookmark With:

Need An Edinburgh Solicitor?

For immediate expert assistance please call us on
0131 662 6988 or complete our free online enquiry form.

Thinking about making a claim?

Call back?

Testimonials

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.

Sarah

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

© Moffat & Co Solicitors, Edinburgh, Scotland. Call 0131 662 6988. This web site has been developed with valid XHTML / CSS / Site Map Legal Website Design