If you or your child have suffered an injury on school premises as a result of negligence, you may have valid grounds to sue the school for personal injury compensation.
We are a claims management company that can help you make a personal injury claim. Call us free on 0800 470 0472
Can I Sue a School for Negligence?
Schools are essential institutions designed to provide a proper learning space for students of all ages. They have a legal duty to take reasonable steps to keep premises and activities safe, not only for pupils but also for teachers, other staff members, and visitors. However, accidents in schools sometimes happen, and they can have devastating consequences.
These can be due to a failure to maintain safe school premises, inadequate supervision, lack of training or inadequate risk assessments. School accidents can lead to a wide range of injuries for which you could claim compensation, ranging from mild burns and lacerations to severe fractures and head trauma.
For more information about suing a school for negligence, read the following guide or call 0800 470 0472 today for a free consultation with a legal adviser. Alternatively, you can use our online claim form to request a call back.
Friendly legal advisors are available to discuss your personal injury claim today.
- Find out if you have a valid claim
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Table of Contents
Duty of care of schools towards students
State and private schools must take reasonable measures to protect the health and safety of students, staff and visitors. Their legal duties stem from various legislative acts, such as the Occupiers’ Liability Act 1957 and the Education Act 2002, and involve the following:
- Carry out risk assessments to identify hazards that could lead to accidents;
- Ensure the school premises are safe and free from foreseeable risks of injuries;
- Provide adequate supervision to ensure that students do not engage in activities that could lead to injury;
- Ensure that first aid and emergency procedures are in place;
- Make sure that the food served in cafeterias is adequately cooked and any allergens are clearly marked;
- Provide adequate training and instruction to staff;
- Create a safe environment that is free of abuse or neglect.
If your child is injured at school due to a breach of duty, you may be able to start a legal claim. Please read on to learn more about how to sue a school for compensation.
Can you sue a school if your child gets hurt?
If your child suffered an injury at school, you may be able to make a school injury claim on their behalf. A solicitor may take on your case if they can prove the following:
- The school owed a duty of care to your child
- The school or its staff breached this duty by committing a negligent act
- Your child was injured in an accident caused by their negligence
A duty of care will be based on the legislation mentioned above. If all of the above can be established, you can start a claim against the school on your child’s behalf. Your solicitor will help you apply to the court to be named as their litigation friend. For this, you must fill in the necessary forms and prove that you can make fair and competent decisions about the case and there is no conflict of interest between you (for example, you may not be able to claim if you work at the school where the accident occurred).
Once appointed, you will have various responsibilities, including signing legal documents, liaising with solicitors, and making decisions about the case. If you accept a compensation offer from the defendant, this must be approved by a judge during a court hearing. Afterwards, your solicitor can help ensure the money is paid into court or managed in accordance with the court’s directions until your child turns 18.
Can I take legal action as a teacher or staff member?
If you work at a school as a teacher, teaching assistant or other member of staff, you are owed a duty of care under the Health and Safety at Work Act 1974. The school’s duties include:
- Carry out regular risk assessments to identify potential dangers;
- Take appropriate measures to eliminate or control these risks;
- Provide a safe and healthy working environment by maintaining the school premises and facilities free of hazards;
- Ensure that all staff members receive proper training related to their roles and responsibilities and the safe use of equipment and materials;
- Keep all equipment and tools provided for use by staff safe and regularly inspected;
- Have systems in place to safely manage and dispose of hazardous substances, such as laboratory materials;
- Establish robust health and safety policies and communicate them effectively to all staff;
- Encourage staff to report any potential hazards or unsafe conditions and take swift action to address them;
- Provide support for staff who experience stress, bullying or mental health issues related to their work.
If these duties are breached and you suffer an injury as a result, you may be entitled to make an accident at work claim. You should not be sacked or punished for taking legal action against a school or any other employer. If this happens, you can potentially make a further claim at an employment tribunal.
How to sue a school for negligence
If you want to make a school injury claim, either for yourself or on behalf of your child, you should typically take the following steps:
- Report the incident to the school, informing them about the details of the accident and the injuries you sustained;
- Seek medical care as soon as possible, even if the injuries seem minor at first;
- Gather evidence, such as photographs of the accident scene and witness contacts;
- Speak to a personal injury solicitor with experience in school negligence claims by calling free on 0800 470 0472.
Once a solicitor takes on your case, they may arrange for a medical assessment of your injuries, help you gather any other evidence you may need to build a strong claim and send a letter of claim to the defendant.
If the school admits liability, you may begin to negotiate your compensation award. If liability is denied, your lawyer will be ready to argue your case in court, but this is unlikely, as most cases are settled without a trial.
Evidence needed for suing a school for negligence
If you want to sue a school for negligence, it is best to have as many types of evidence possible to support your claim, such as:
- Photographs of the accident scene, taken before any hazards are removed or replaced;
- Copies of any CCTV footage, if the accident was caught on camera;
- Pictures of any visible injuries, your recovery process and any long-term effects, such as scarring;
- Medical records that show the type and severity of the injury you suffered;
- Testimony from medical specialists regarding any long-term effects of your injuries and your future care needs;
- A copy of an accident report form filed with the school;
- Testimony from witnesses who saw what happened and can help clarify the events;
- Evidence of financial losses and expenses incurred as a result, such as lost wages and travel expenses to medical visits.
School accidents that could lead to a personal injury claim
You could be suing a school for negligence following various types of accidents. Some of the most common accidents in schools include:
- Slips, trips and falls – these can be due to wet floors, slippery surfaces, uneven pavements, trailing cables, objects left in walkways and other similar hazards;
- Playground accidents – children might fall from playground equipment, collide with each other, or be injured by faulty equipment, especially if they do not have adequate supervision;
- Sports injuries – these can be due to collisions, negligent instruction from the teacher or faulty equipment;
- Lab incidents – these can be caused by mishandling of chemicals, lack of safety equipment or inadequate supervision during science lessons;
- Injuries caused by defective or poorly maintained equipment – faulty desks, chairs, gym or playground equipment may have sharp edges or may collapse during use, causing injuries;
- Food-related incidents – if food is not stored, prepared, or labelled correctly, students and staff members can suffer allergic reactions or food poisoning;
- Electrical accidents – these can be due to exposed wires, improper earthing or poor maintenance of electrical equipment and can cause life-threatening injuries;
- School bus accidents – accidents on school buses can occur during field trips and might involve collisions or falls when boarding or exiting the bus;
- Criminal injuries – these can involve fights between students, bullying, harassment or other violent incidents that can cause physical and psychological trauma;
- Exposure to asbestos – long-term exposure to asbestos in older school buildings can lead to serious respiratory issues.
Common school injuries for which you can claim compensation
Accidents on school premises or during school trips can result in various injuries, ranging from minor to life-threatening. These can affect students and staff alike and include but are not limited to:
- Cuts and lacerations often result from contact with sharp objects, equipment in classrooms or from slips, trips and falls and can lead to scarring and infections;
- Bruises and contusions can be caused by falls, collisions or being struck by equipment. Severe contusions can cause deep tissue damage and prolonged pain;
- Sprains and strains result from overstretching or tearing a muscle, tendon or ligament due to falls or sports, causing pain and limited mobility;
- Head injuries like bumps, concussions and more severe brain trauma can result in long-term cognitive issues and physical disability;
- Burns and scalds may occur in science labs or school cafeterias and can cause severe pain, nerve damage and permanent scars;
- Repetitive strain injuries are common among teachers and staff and can be due to poor ergonomics and repetitive motions, causing pain and stiffness;
- Back injuries can be due to falls, sudden movements or lifting heavy objects and may cause long-term mobility issues;
- Psychological injuries can stem from bullying, harassment or traumatic events and can lead to stress, anxiety and post-traumatic stress disorder (PTSD);
- Allergic reactions can be triggered by exposure to certain foods or chemicals and can range from mild rashes to severe anaphylaxis;
- Eye injuries may occur due to flying debris, falls or chemicals and can cause long-term eye damage or vision impairments;
- Electrical injuries can be due to contact with faulty wiring or damaged equipment and can cause burns, shocks or even cardiac arrest;
- Fractures and dislocations are common in falls and sports accidents and may require surgery, long-term immobilisation and physical therapy.
How long do you have to sue the school after an accident?
The time limit for suing a school for an accident caused by negligence is set by the Limitation Act 1980. As with other compensation claims, you typically have three years to start legal proceedings after the date of the accident. There are a few exceptions:
- You can start a child injury claim at any time before their 18th birthday, no matter when the incident took place. If no claim is made during this period, the child has until turning 21 to make a claim themselves.
- If the injured party is an adult who cannot handle a claim due to a severe brain injury or another condition that impacts mental capacity, the time limit is put on hold. A litigation friend could sue the school on their behalf at any time.
- If you lost a loved one due to an accident on school grounds, you could potentially start a claim within three years of their death.
- If you are the victim of an assault or abuse at school, you may be able to make a claim through the Criminal Injuries Compensation Authority (CICA). You usually have two years to start a CICA claim, either from the date of the abuse or from when it was reported to the police, in line with the Criminal Injuries Compensation Scheme 2012.
How much compensation can I get for suing a school?
The amount of compensation you may be entitled to for suing a school for negligence will depend on your specific losses. Your solicitor will work to secure the maximum payment on your behalf. This will include two types of damages:
General damages are awarded to cover pain and suffering, and special damages cover the related financial losses. If you are successful in suing a school, you could receive compensation for:
- Physical pain and suffering
- Emotional and psychological distress
- Scarring and disfigurement
- Loss of enjoyment of life and ability to engage in previously enjoyed activities
- Private medical treatments and prescriptions
- Travel expenses to and from medical appointments
- Costs of care and assistance needed during recovery
- Loss of earnings due to taking time off work
Special damages will be calculated based on financial documents such as medical bills and receipts. General damages are based on the type and severity of your injury and are awarded according to the guidelines from the Judicial College. You can find various examples of compensation awards by referring to our compensation calculator.
Can I sue a school under a No Win No Fee service?
Yes. If you are eligible to claim against a school for personal injuries, your solicitor may offer you a no win no fee agreement. They will not ask for any upfront payments to accept your case, and you will not pay your solicitor for their work if your claim is unsuccessful.
The no win no fee agreement works like this:
- Your solicitor will be entitled to a success fee if you receive compensation. This fee is deducted from your award, agreed upon from the beginning and usually capped at 25% of the compensation for your injuries and past financial losses.
- If you lose the claim, you will not pay your solicitor for their work. Any additional costs, such as ATE insurance or disbursements, should be explained before you decide whether to proceed.
Do not hesitate to get in touch if you want to learn more about how to sue a school for compensation on a no win no fee basis. You can call the freephone 0800 470 0472 or enter your details into our online claim form to request a call back.
Friendly legal advisors are available to discuss your personal injury claim today.
- Find out if you have a valid claim
- A no win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
