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Posted By Sally http://www.iosh.co.uk/in...?go=news.viewfeed&id=711This is going to form a very important piece of case law. Particulary I'm interested to see how the conkers bonkers brigade react. If we allow children to play in a playground this type of thing will occasionally happen - should we ban it and be seen as Health & Safety spoilsports?
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Posted By Warren Fothergill
Accidents happen, couldn't the 37 year old get out of the way as it was 'reasonably foreseeable' that she was going to get hit by this young lad who was running?
God, our profession is getting lined up for some serious unjust publicity - its just an accident and could have been avoided through endeavours of the boy and the worker. What next, can't play football because the ball my fly in to the ground and hit someone on the face?
Whatever next....no don't tell me, you have another link?????
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Posted By A Campbell
IMOH A child is a child!
Back in time... when games were played the teachers kept a watchful eye and a short shrift warning from the teacher in most cases calmed boisterous children down to an acceptable level... maybe non PC but effective!
Then again what was the purpose of the dinner lady in the playground... a part time supervisor... or in the wrong place at the right time?
A pity full attempt at a civil claim I expect!
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Posted By Ken M
I agree with the posts above.
I am amazed that in this current day and age where the general consensus is that we want children to be children for as long as possible, but with various pressures on children they seem to be growing up so fast.
So its refreshing to hear that chase and tag still goes on at 13 years old (rather than drinking cheap vodka in the park and terrorising the locals - not all children obviously).
Taking these traditional games away would be a travesty. Kids run, kids get excited (yes even at 13), sometimes kids fall over, knock into people its just the way of things.
What next teach a child to ride a bike, they fall off hurt themselves and then that's it no more riding, bike in the shed as it is far too dangerous to ride.
Not when I was growing up straight back on and learn. Surely that's what it is about?
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Posted By Bob Shillabeer
This is an ongoing case and what the judges are thinking about only they know, but generally do the children understand they have a duty of care or not. If they do then the case has some value and could lead to some sort of compensation to the lady, probably from the school rather than the children though. Another avenue is what was the lady doing there was it part of her job to supervise the children or was she just passing through so to speak? The posting by IOSH is rather short on detail because the case is still within the courts.
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Posted By Scotty
Agree with the above posters.
Looks like someone has a wee eye on some money for a week in Spain......
Pathetic, miserable attempt at getting some money from her employer. She should be ashamed.
We are gonna get a right doin in the press if the judge rules in favour of this woman. Fingers crossed people, fingers crossed.
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Posted By Rodger Alan Ker
Before making a posting, I would have thought that some so called safety professionals might have had the decency to read a little about the case.
The lady concerned was, and I quote from the Daily Telegraph "Left with brain damage that led to partial paralysis and a balance problem as well as a broken nose and damaged teeth"
If she manages to go to Spain for a week with her compensation, it will probably be accompanied by a carer.
The reality is that this person has been injured at work, and the only way that she can obtain any compensation for her injuries is by suing someone.
While it would be less work for the lawyers, the sensible approach would be "no fault compensation".
The Moderators seem quick enough to delete some postings, where are they now?
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Posted By IOSH Moderator
Please refrain from posting defamatory comments about individuals on the website as this breaches Acceptable Use Guideline 2.
In addition, complaints should be registered using the "Report a Concern" feature and not posted to the thread in question.
Please continue the discussion.
Regards
Jonathan
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Posted By IOSH Moderator
Please refrain from posting defamatory comments about individuals on the website as this breaches Acceptable Use Guideline 2.
In addition, complaints should be registered using the "Report a Concern" feature and not posted to the thread in question.
Please feel free to continue the discussion.
Regards
Jonathan
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Posted By Scotty
My apologies for any breach. I think the post caught me off guard and I responded too quickly. One of these days..........
I agree with some of the posters above - I hope the judge does not rule in favour of the claimant.
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Posted By Rodger Alan Ker
May I humbly suggest that before offering opinions on how a judge may wish to find in this, or any other case, that the persons making the postings may wish to read some of the published facts and evidence put forward, particularly with reference to the injuries the plaintiff has suffered.
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Posted By Tarquin Farquor
I have taken your advice Rodger and have subsequently reconsidered my initial opinion. I think you have made a very valid point.
Regards,
TF
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Posted By David Bannister
I'm not sure whether the extent of injuries has any bearing on whether negligence exists. Surely the facts are the important consideration.
If negligence is found to exist then the damages awarded will be commensurate with the harm done.
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Posted By Phil Rose
David
you make a very fair and pertinent point. It is not about the extent of the injuries but whether there was foreseeability and negligence.
I was involved in a case some years ago now. I won't go into the details but I thought the judge was very fair and showed every sympathy to the plaintiff, a lady who had suffered a pretty significant injury. He told the lady that although she had suffered this injury and that it had undoubtedly had a significant effect on her life, he could not find for her as the accident was not foreseeable and that we (the defendants) were not negligent and therefore were not responsible for the injury.
Phil
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Posted By Rachel W-D
What an awful incident.
I would hate to think that this could stop kids from playing any sort of chasing games but I do really feel for the lady after reading what her injuries were/are. Some 13 year old boys are like man mountains and probably are old enough to look where they are going.
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Posted By clare coles
Hi
I was just trying to read this discussion but could not actually use the link (I dont know if it is me or the computer) can you please advise where to read up on this case?
Thank you
C
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Posted By Brett Day
Interesting, at one time in criminal law, a child was deemed to be legaly culpable at age 16, so unless this has changed how could a 13 year old be culpable ?
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Posted By Pete Longworth
This is a good example of where the so called claims culture is justifiably criticised. It reminds me of an attempt by a couple to claim against their local football club last year (Burnley FC) because one of them was hit in the face by the ball. They were sitting a few rows back behind one of the goals at the time. Presumably the player who took the shot was negligent in not ensuring his shot was on target. Fortunately the claim didn't get anywhere.
My point is that it is these types of spurious claim that we should be criticising, not lumping all claims in as part of a claims culture. Many claims are brought about as a result of someone being injured at work. In these cases we should be concerned about preventing them from happening again not bemoaning a claims culture.
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Posted By Brett Day
Apart from the IOSH link is there a link with more information about this case ?
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Posted By water67.
Hi. is there another link as this one brought me back here?
thanks
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Posted By Crim
True story happened today at Primary School, year 6:
Boy number 1 was really annoying boy 2 by "getting in his face", kicking and generally being a bully.
Boy 2 picked up a large stone and threw it at boy 1.
Boy 1 saw it coming and ducked, the stone hit boy 3 in the head.
Result - Boy 3 in hospital with serious head wound, boy 2 sent home from school, boy 1 - no problem as nobody reported the initial bullying.
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