If your child has been injured while on a school trip, whether in the UK or abroad, you could be entitled to make a school trip accident claim on their behalf.
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School Trip Accident Claims
School trips are exciting and an excellent way for children to socialise and learn new things. Whether your child goes on a day trip to a museum, a visit to the zoo or a school trip abroad, you expect them to be safe and well looked after.
The school has a legal duty to take reasonable steps to ensure children are not exposed to an unacceptable risk of harm on school premises and during any activities and trips they organise.
If your child was injured on a school trip due to a breach of duty, you might be eligible to make a claim for compensation on their behalf. A personal injury solicitor could help you seek damages for their pain and suffering, as well as any financial losses and out-of-pocket expenses you incurred as a result.
To find out if you may have a valid school trip accident claim, call 0800 470 0472 or request a call back. You will receive a free case assessment from an experienced legal adviser with no obligation to proceed.
Key points about school trip accident claims
- Eligibility: You may be able to claim if your child was injured during a school trip due to negligence or poor supervision.
- School Responsibility: Schools must carry out risk assessments and provide adequate supervision during trips and excursions.
- Time Limit: A claim can be made at any point before the child turns 18. Once they turn 18, they have 3 years to claim.
- Compensation: May cover the child’s pain and suffering, as well as financial losses such as travel, treatment, and time off work.
- No Win, No Fee: Your solicitor will work on a no win, no fee basis, so you’ll only pay a fee if the case is successful.
Friendly legal advisors are available to discuss your personal injury claim today.
- Find out if you have a valid claim
- No win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
Table of Contents
Duty of care of schools towards students
Schools have a duty to take reasonable steps to protect the safety and well-being of students, both on school grounds, when using a school bus or during trips arranged by the school. This duty stems from various pieces of legislation, such as the Health and Safety at Work etc. Act 1974, the Education Act 2002 and the Occupiers’ Liability Act 1957. When it comes to a school trip, these duties include:
- Carrying out a suitable risk assessment to identify hazards that could cause injuries;
- Taking all reasonable measures to eliminate or mitigate identified risks before the trip;
- Ensuring there are enough staff to provide adequate supervision;
- Making sure that staff members are familiar with emergency procedures and that appropriate first aid arrangements are in place;
- Arranging for safe and reliable transportation and accommodation;
- Checking that qualified guides or instructors conduct higher-risk planned activities where appropriate;
- Conducting regular check-ins with the group to ensure that everyone is accounted for and well;
- Taking reasonable steps to ensure that food and water provided during the trip meet safety and hygiene standards to prevent foodborne illnesses and allergic reactions.
If the school has failed in its duty of care and your child was hurt during a school-organised trip, a personal injury lawyer could help you make a school accident compensation claim.
Can I make a school trip accident claim on behalf of my child?
If your child had an accident on a school trip, a personal injury compensation claim can be made if the following can be proven:
- The school owed them a legal duty of care.
- They breached this duty, which led to an accident.
- Your child was harmed as a direct result of that accident.
The easiest way to find out if you can claim against the school is through a free consultation with an experienced solicitor. If your case has merit, they will prove liability by referring to the relevant law and evidence. They will help you gather the evidence needed to support your child’s claim.
You may be able to make a claim whether your child was injured on a school trip in the UK or abroad. However, if the accident happened abroad, the claim could be more complex, depending on its circumstances and the foreign country’s laws. In either case, your solicitor will advise you on your options and help you seek compensation.
How can I make a claim for an accident on a school trip?
To make a school trip injury claim on your child’s behalf, you should talk to a specialist solicitor. They will guide you through the claims process, providing support and advice at every step of the way.
To be able to represent your child, you must first apply to the court to be named as their litigation friend. You must prove that you can make fair and competent decisions about the case and there is no conflict of interest between you and the child (this might be the case if you, for example, work for the school you want to sue). Your solicitor will help you fill in and file all the necessary documents.
Once appointed, you can help your solicitor collate all the evidence needed to support the claim, as detailed in the section below. They may also arrange a medical exam for your child to assess their injuries and future care needs.
After having all the details of the case, your solicitor will send a claim notification form or letter of claim to the defendant. If they admit liability, you can begin negotiating your child’s personal injury compensation award. If they deny it, your solicitor may issue court proceedings, although going to court is quite rare for personal injury claims.
Evidence needed to support a compensation claim for a school trip accident
If you want to make a claim for an accident at school or on a school trip, you will need several types of proof to show who was responsible for it and how it has affected your child’s life. These include:
- A copy of an accident report filed with the school or the owner of a private business;
- Medical records detailing the diagnosis, treatment and prognosis for the injuries sustained;
- Photographs or videos of the accident scene and any visible injuries;
- If available, CCTV footage of the accident can be useful evidence of what happened;
- Statements from witnesses to the incident, such as teachers, bus drivers or other bystanders;
- Copies of any risk assessments the school carried out before the trip;
- Expert testimony from safety professionals or medical specialists, if necessary;
- Copies of emails, letters, or messages exchanged with the school before and after the trip;
- A copy of a police report if the authorities were involved;
- You also need proof of related financial losses, such as medical expenses or travel for treatment.
Common accidents on school trips
Some potential scenarios of how a child may be injured on a school trip include:
- Slips, trips and falls due to wet floors, uneven terrain, missing handrails and other hazards;
- Road traffic accidents while driving to or from the trip destination;
- Food and drink incidents, such as spills of hot beverages or allergic reactions;
- Accidents during sports and other physical activities such as climbing, hiking or football;
- Drowning or near-drowning due to a lack of adequate supervision at pools or water parks;
- Heatstroke or hypothermia from exposure to extreme weather conditions without adequate clothing or equipment;
- Incidents involving animals, such as bites or kicks during visits to a farm or zoo;
- Getting lost in unfamiliar areas due to poor supervision;
- Electric shocks from contact with faulty electrical wiring or exposed outlets.
No matter how your child was injured, if it was due to someone else’s negligence, you may be eligible to make a school trip accident compensation claim on their behalf.
What injuries could an accident on a school trip cause?
Accidents on school trips can lead to various injuries, ranging from minor to life-changing. Their nature and severity will depend on the type of accident and the affected body part and could include:
- Cuts and lacerations can be due to sharp edges, broken glass or other hazards. These are usually not serious but may lead to infections and permanent scars if the injury is deep.
- Sprains and strains can be caused by slips, trips and falls, or activities like hiking and other sports during school trips. Both injuries can cause pain and discomfort and long-term mobility issues.
- Concussions and other head injuries can be due to falls, road accidents or being hit by an object. Severe brain trauma can permanently affect a child’s development and daily life.
- Burn injuries can be caused by hot drinks or food, chemicals, electric shocks or open flames. These can be very painful and cause permanent scarring and nerve damage.
- Broken bones and dislocations are common injuries from falls, sports and road collisions. These can cause significant pain and restricted movement and may need physical therapy to restore mobility and strength.
- Back injuries can be due to falls, sports incidents or accidents on the road. These can range from minor bruising or sprains to spinal injuries with devastating consequences.
- Allergic reactions and food poisoning may be caused by ingesting food that has not been correctly stored, labelled or cooked. These can lead to minor discomfort or more severe illnesses or anaphylaxis.
- Psychological trauma such as anxiety, depression or post-traumatic stress disorder (PTSD) can result from experiencing or witnessing a distressing incident during a school trip.
Is the school always liable for compensation?
If a child suffers a personal injury during a school trip, the school might not always be liable for compensation. If the school took all reasonable measures to prevent an accident, another party could be liable for the incident, such as:
- The local council, if the accident was due to poor road conditions it was responsible for maintaining, such as potholes or debris;
- A teacher or another member of the school staff if they failed to provide adequate supervision;
- The owner or operator of a business, such as a hotel or amusement park, if they failed to take reasonable steps to ensure that visitors were safe on the premises;
- A bus company, if they failed to ensure that the bus or coach they provided for the trip was adequately maintained and compliant with relevant safety standards;
- A manufacturer, if the accident was due to a vehicle malfunction or another faulty product;
- Another road user if your child has suffered an injury due to a road traffic accident caused by a driver or pedestrian;
- A tour operator could be liable for the accident if they arranged the school trip or accommodation and failed to take reasonable steps to ensure the safety of students.
After discussing your case with you, an experienced solicitor will be able to determine who is liable for the accident and will help you make a claim against them.
Time limits to start a school trip injury claim
Under the Limitation Act 1980, you typically have three years to make a personal injury claim after an accident has occurred. However, this time limit does not apply in the same way to child injury claims. You can seek compensation for your child at any time before their 18th birthday, regardless of when they were injured in an accident on a school trip.
This does not mean you should not seek legal advice as early as possible. The sooner you begin the claims process, the better your chances of preserving evidence. This can help ensure that evidence is more readily available and that any witnesses will remember the details of the accident better. Furthermore, your solicitor may be able to secure interim payments for any pressing financial needs.
If you do not make a claim on behalf of your child, they can claim compensation themselves once they turn 18. From this time, they will have until their 21st birthday to claim for their accident and injury sustained on the school trip.
How much compensation could I receive?
The amount of compensation that could be awarded for an injury on a school trip will depend on two types of damages included in every personal injury claim. These are:
- General damages are awarded for the injuries suffered by your child and the impact on their life. This could be physical pain, emotional distress, scarring, disfigurement, mental impairment or inability to engage in hobbies and activities they used to enjoy.
- Special damages are awarded for the related financial losses and expenses. These could include private treatments, medical aids, prescriptions, and loss of earnings if you took time off work to care for them.
Special damages are based on financial documents like receipts and invoices. General damages are based on the type and severity of the injuries suffered. You can learn more about how much compensation your claim could be worth by using our compensation calculator.
How long will my claim take?
There is no set amount of time to resolve a personal injury claim, including for accidents on a school trip. How long it may take to receive compensation will depend on several factors and can range from a few months to more than a year. The duration of your case will depend on:
- The type and extent of your child’s injuries
- The recovery time and long-term effects of the injuries
- The accident circumstances and the parties involved
- Whether the defendant admits liability
- The time you need to gather supporting evidence
- The estimated value of your compensation claim
- Whether you must go to court to argue your case
You can help avoid delays by seeking prompt legal advice, maintaining open communication with your solicitor and providing all the information they need.
Will my solicitor work on a No Win No Fee basis?
If you are eligible to claim compensation for an accident on a school trip, your solicitor will offer you a no win no fee service. You will not have to pay them anything upfront. Your solicitor will only receive a success fee if they win your claim, which will be deducted from your compensation award.
After the Event (ATE) insurance may also be available to help cover certain costs if you do not make a successful claim.
If your child was injured on a school trip, call 0800 470 0472 today to find out if you may be able to claim compensation, or enter your details here 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
- No win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
*Personal injury claims are provided on a no win no fee basis. If your claim is successful, your solicitor will receive a success fee of up to 25% of your compensation. If any additional costs could be payable, such as taking out legal protection insurance, these would be fully explained upfront by your solicitor before you decide to proceed with your claim. Termination fees may apply based on time spent on your case, or in situations such as: lack of cooperation, deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing. Please visit our guide to no win no fee claims page for further information.
