Personal injury team secures admission of liability for seriously injured school pupil

Posted: 27/01/2014

Penningtons Manches LLP’s personal injury team has recently secured an admission of liability from a private school in Surrey for a serious eye injury sustained by an 11 year old pupil while under their care.

Our client was sitting in a break out area during a morning break time with 20-30 other pupils. This area had a room in the corner specifically for a teacher to sit in during break times but, on this occasion, the teacher supposedly on duty was not seen in the area at all during the break.

Approximately 10 minutes into the break time, our client was seated and talking with friends while two other pupils were playing with a bat and tennis ball on the other side of the room. Playing of ball games inside was strictly against school rules. One of the other pupils hit the ball hard and it came across the room at speed. Our client was unaware of the ball game, did not see the ball coming and was struck by the ball directly in his eye. He sustained a significant eye injury which has resulted in permanently reduced vision.

Following our instruction, we have investigated the claim and presented it to the school concerned. We have now secured an admission of liability for the inadequate supervision of pupils at the time of the accident. The parties are now co-operating to investigate the quantum aspects of the case and extent of injury.

Philippa Luscombe, partner in the personal injury team, said: "This was an accident which would not have happened if appropriate supervision been in place as this would have stopped the children from taking part in forbidden and potentially dangerous activities. An important part of the general duty to supervise school pupils is the nearby presence of appropriate adults. Our client has sustained a serious permanent injury which could and should have been avoided, for which the school has admitted full liability."

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