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School Injury Claims

You are entitled to make school injury claims on behalf of your child if they have sustained an injury on school premises due to the negligence of the school or one of the people who work there. Schools have a duty of care to provide a safe educational environment for the children who attend, but in some cases that duty of care is breached due to negligence, a lack of supervision or an irresponsible act. When your child suffers an injury as a result, you can make school injury claims on their behalf acting as their “next friend”. There are many unique procedures and regulations relating to children and school injury claims, and it therefore worth your while to discuss the circumstances surrounding your child´s school injury claim for compensation with an experienced personal injury solicitor. .

Child Accident Compensation of €35k Awarded following Trampoline Fall

A school girl who fractured her ankle, during a school trip, while jumping off a trampoline has settled her child accident compensation action for €35,000 at the High Court. 13-year-old Shauna O’Gorman, through her legal counsel, told the court that she believed there had been a failure to manage the activity on the trampoline correctly, a failure to see to it that the matting was properly in place and that the activity area was not kept clear of all obstructions. The management of Irish Gymnastics Ltd refuted these  allegations and claimed that there was negligence on the part of the young girl in relation to the accident. They alleged that the girl landed on a crash mat in an awkward way and had also failed to tell them that she had previously broken her left foot. The defence team also made the allegation that Shauna had not followed the specific and repeated instructions given to her in relation to the correct style to land on the mats. Shauna was attending a gymnastic event as part of a school tour and children were jumping on the trampoline in turn. Ms O’Gorman, who had jumped on the trampoline once prior to the accident, was just finishing her second go when the accident took place. Sara Moorehead SC, legal counsel for Shauna, informed Justice Kevin Cross that the children were jumping on the matting on the floor. Another witness added that she was of the opinion that the mats on the floor were not close enough together to prevent accidents occurring. In the High Court, Justice Cross was told that an MRI last year showed that the child’s ankle was now completely healed. However, following the accident Shauna had a plaster on her ankle and was could  not go on the first week of a family in Turkey that year. However she was able to link up with her family for the second week. Shauna, initiated  the fractured ankle compensation claim through her father Joseph O’Gorman, against Irish Gymnastics Ltd which operates as Excel Gymnastics, Celbridge Industrial Estate, Celbridge, Co Kildare due to the accident that took place on June 12, 2015. In giving his approval for the child injury compensation settlement,  Justice Cross said it was a good settlement as it was possible that Ms O’Gorman would not succeed if the case was allowed to continue.

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School Sports Injury Compensation Awarded to Brain Damaged Student

A boy, who suffered a traumatic brain injury due to playing high school football, has been awarded 4.4 million dollars in school sports injury compensation in an out-of-court negotiated settlement. Scott Eveland (22) from San Marcos, California, collapsed on the side of the pitch after playing the first half of a high school American football game for the Mission Hills High School Grizzlies in September 2007. He was rushed to hospital where doctors identified extensive internal bleeding around Scott´s brain and were only able to save his life by removing part of his skull. As a result of his injuries, Scott is unable to stand or walk and can only communicate through a specially designed keyboard. After taking legal advice from a personal injury attorney, Scott´s mother – Diane – made a claim for school sports injury compensation against the San Marcos Unified School District, alleging that the football team´s head coach had ignored signs that Scott was in distress prior to the game and refused Scott´s requests to sit out. Diane´s allegations were supported by a former teammate of Scott, who testified in a deposition that Scott had complained to the team´s athletic trainer about having headaches a week before the incident and had missed several practice sessions. The teammate also confirmed that Scott had asked to sit the game out a few minutes before the first quarter started, but his request was denied. The out of court school sports injury compensation settlement of 4.4 million dollars was made without admission of liability, and a joint statement  was issued in which both sides agreed “the settlement did not suggest that the staff of the Mission Hills High School intentionally contributed to the unfortunate and tragic accident that occurred during a high school football game”.

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School Accident Injury Claim decided at £19,200

An eight-year-old boy, who lost the tip of his middle finger in an accident at his school, is to receive £19,200 compensation in a school accident injury claim. The judge heard how Benjamin Schonfeld was just 6 years of age when his finger got caught his finger in a door jamb in January 2009. Benjamin lost approximately 4mm from the top of his left middle finger, and his injury resulted in a subsequent hooked nail deformity. Suing the school through his father, Heino, the judge heard that an assessment had been made which both sides accepted. Approving the award assessment of £19,200  with a further £869 costs, Mr. Justice Matthew Deery directed the school to pay the settlement into court for Benjamin’s benefit.

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