Posted By Martyn Hendrie Karl, It is impossible to give a definate answer to your question without getting a lot more information and background. In the past I have always found a call/trip to the nearest Citizens Advice Bureau benificial. 1. They can go into more detail regarding the circumststances and 2. Often if they establish there may be a case to answer they can arrange a meeting with a solicitor (usually 1st meeting is free) Their number is in normally in yellow pages, etc. Hope this helps.

Posted By garyh I think that the only course of action is to make a common law claim "suing for damages". No doubt the legal bods will correct me if I am wrong. I doubt the HSE or Local Env Health Inspector (they sometimes get involved in low level things where HSE doesn't) will be interested. The school will no doubt be refusing to accept any responsibility as they are setting a precedent and they may be afraid of an open ended committment - once you make any admission of liability you don't know where it will lead. The earlier suggestion of seeing a Solicitor (find one where first visit is free) is a good one. Then I suggest that you get a solicitor to write to the school, asking nicely for something specific (eg cost of damaged trousers etc). Finish up by adding the threat of legal action if no joy. In general terms though, who (especially in an organisational sense) admits liability / responsibility for anything nowadays, even if they know they are responsible?

Posted By Maggie Atterbury Hi Karl Dave Willson is absolutely correct. The school is definately responsible for the accident, which occured due to a fault with their premises. I suggest that your friend speaks to a solicitor if she wishes to make a claim - for the cost of a pair of trousers, a solicitors letter will probably be all that is needed.

Posted By Jan Moore No question about it. The school is at fault and are responsible for the upkeep of their buildings and grounds. Be interesting to find out if the school even gave the rentees (probably not a word but sounds good!)any evacuation plans, first aid advice etc etc. I also suggest a no win no fee solicitor letter. A settlement would follow within days of receipt. They are not in a position to defend!!! Good luck Jan

Posted By Karl Newcombe Thanks guys you have been really helpful! i think I will try a letter first then bring in the big boys if that doesnt work. Dont get me wrong, I think its a matter of principal now due to the fact that the school have been very unhelpful and very rude! Thanks again Karl

Posted By Tony Brunskill I wonder who will pay the bill for this? The School? The Education Authority? An insurance company maybe, or maybe the kids education fund? And we wonder why there is a blame culture. Good luck with the trousers. And loads of luck to the kids about to embark on thier examinations who require their education teams fullest attention!

Posted By Karl Newcombe TONY….. This is only being followed up for one reason only… “attitude”. Blame culture is getting out of hand I agree, however there are far too many companies out there who either don’t care about the welfare of staff, customers or visitors, let alone know the rules and regulations like every accident must be recorded regardless of fault if it happened on your premises. When my friend tried to record the accident she was met with an awful attitude from the school, who thought they could just brush it under the carpet. A nice letter, or even a small bunch of flowers would have been nice as an apology. After all, all schools are now run as a business and bearing in mind that this school is a private school renting its premises out at the weekends to gain extra funds. I feel very strongly, school or no school it is a business and a business that should follow all the legal obligations that every other business follows.

Posted By Tony Brunskill Karl, Having read again your initial posting I notice she had a stall. Was she conducting her business? Has she completed her risk assessments? Had she exchanged information regarding risks etc etc etc. Are there insurance warranties in place protecting the school? Did she have adequate insurance placed for her by the people organising the event or had she placed it herself? See how management time can be eaten up!!

Posted By Tony Brunskill Karl, I agree, we all have a duty of care but we are not all required to record accidents. The School may well have been able to handle this differently but the fact remains that Managers (Not just the Bursa who the school has to pay for through fee income) will have to deal with the paperwork. The cost of any insurance claim is greater than the sums paid out in the claim eg 93 pence is paid in legal and admin costs for every £1 paid in the claim (See ABI). These cost have a negative effect on the premiums paid as a whole increasing costs that have to be made through increasing fees. Increasing fees mean that those parents on lesser incomes are precluded from putting their kids through a private education. And so the snowball grows. T

Posted By Karl Newcombe John your right! Karl

Posted By gham Regardless if there was an injury or not, this should be recorded as a near miss, the school advised they they will not report something that happened at the weekend, so how does that management standard prevent a recurrence and better still an injury. The school is not being reasonable, I have seen some very nasty injuries due to potholes, (work in retail). Tony i see your point regarding the claim culture but they could make this go away very easily if the cooperate. Also was the pot hole noticed at anytime by the 'IP' if so she should have refused the stall if there was a concern but this doesn't take away from the fact that the car park was in an unsafe condition. If the school is concerned about future claims they should either not let the car park of get it in a safe condition. Putting up a notice stating that you use it under your own risk does not make them bullet proof, look and the Unfair contracts act, they can't exempt themselves from liability where they have been negligent, and in this case they have. If the school was not as stuff collared they this post would nat be here

Posted By Karl Newcombe Thanks guys, I have written a letter pointing out the fact that they do have a duty of care, lets wait and see.

Posted By Cathy Ricketts As much as the school might not like it they have a duty of care to people not in their employment under HASAW, they have a duty under Occupiers Liability and they cannot exempt their liability for fatalities or personal injury so would suggest a cheap and easy option would be for them to pay for the trousers, repair their drive way and swallow hard and thank you for pointing out this problem to them before someone had a more serious injury. Alot of the time the problem is that school's and school bursars have such a huge responsibility it is not that they are trying to duck their duties but just that they are trying to keep their heads above a mire of legislation perhaps they need to consider professional H & S advice??

Posted By Maggie Atterbury Hi Stuart Local Education Authorities are NOT responsable for the premises of private, independant, public or foundation schools, which are owned by Governors and Trusts. Maggie Atterbury Education Health and Safety Bath & North East Somerset Council