Accidents can happen anywhere, and schools are no exception. A recent case involving 16-year-old Demi-Leigh Murray sheds light on the severity of preventable injuries and the legal avenues available to parents. Demi-Leigh fractured her ankle after slipping on water in her school bathroom, an incident that led to an €50,000 settlement.
For parents, incidents like this highlight the importance of understanding their child’s rights to ensure their safety is prioritised and accountability is enforced. This blog will explore the details of the case, the responsibilities schools have, and how parents can seek recourse when their children are injured.
What Happened?
When Demi-Leigh was just 12 years old, a seemingly ordinary day at school took an unexpected turn. She slipped on a spillage in her school bathroom, fracturing her ankle. Her injury required surgery and extensive care, including eight weeks in a cast and a boot, reliance on a wheelchair, and months of physiotherapy.
The pain and long-term implications of this accident led her mother to file a personal injury claim against the school. The argument? That the incident could have been avoided if proper health and safety measures had been in place.
The Circuit Civil Court ultimately approved a €50,000 settlement for the case, acknowledging the school’s negligence.
Schools’ Duty of Care
Schools hold significant responsibilities when it comes to ensuring the safety of their students. They are expected to adhere to strict health and safety laws to create a secure environment for learning and play.
Under Irish law, including the Safety, Health and Welfare at Work Act 2005, schools have a duty of care not only to their staff but also to their students. This legal obligation includes the following responsibilities:
- Performing regular risk assessments to identify potential hazards, such as slippery floors or damaged equipment.
- Adhering to health and safety protocols, including signage for spills and immediate response measures for maintenance issues.
- Providing adequate supervision on school premises, ensuring that staff are trained to respond effectively to hazards.
When these measures are not followed and accidents occur, schools could be held liable for their negligence.
What to Do If Your Child is Injured at School
If your child suffers an injury on school grounds, there are essential steps you should take to ensure they get the care they need and that their rights are protected:
1. Seek Medical Attention
Your child’s health and safety come first. Have their injuries assessed and treated by a medical professional immediately, keeping detailed records of the diagnosis, treatments, and any prescribed therapies.
2. Document the Incident
Gather essential details about what happened. This includes the time, date, and location of the accident, as well as any contributing factors (e.g., wet floors, missing safety equipment). Photographs of the scene, witness accounts, and staff statements can all serve as valuable evidence.
3. Notify the School
Report the incident to the school’s authorities as soon as possible. Ensure the accident is recorded in their official incident log and request a copy of this for your records.
4. Consult a Solicitor
Understanding whether you have grounds for a personal injury claim can be challenging. Consulting a solicitor who is experienced in child injury cases will provide clarity. They can advise whether the school may have been negligent and help you pursue compensation if appropriate.
5. Monitor Long-Term Impacts
Some injuries, especially fractures like Demi-Leigh’s, can have lasting effects on physical mobility or even mental well-being. Be vigilant about any ongoing issues and discuss long-term care options with medical professionals.
Real-Life Case Insights
Cases like Demi-Leigh’s are unfortunately not isolated incidents. Many parents are often unsure of their rights when such accidents occur. The key takeaway from Demi-Leigh’s case is that accountability matters. Injuries at school, especially preventable ones, can have significant consequences for both the child and their family.
Common examples of incidents that may lead to claims include:
- Slips, trips, and falls due to poorly maintained surfaces or wet floors.
- Injuries from inadequately supervised activities, such as sports or playtime.
- Harm caused by unsafe equipment in classrooms or playgrounds.
If your child has suffered a preventable injury, it’s crucial to act promptly to ensure their rights are upheld.
How HOMS Assist Can Help
Navigating a personal injury case can feel overwhelming for parents, especially when emotions are high and your child’s recovery is your top priority. This is where an experienced legal team like HOMS Assist can step in to support you.
Our solicitors specialise in cases involving child injuries in educational settings. We will work with you to:
- Determine whether the school or another party was negligent.
- Handle all legal paperwork and negotiations on your behalf.
- Fight for fair compensation to cover medical expenses, therapy costs, and your child’s pain and suffering.
At HOMS Assist, we believe in balancing professionalism with empathy. We’ll take the time to understand your case and guide you through every step of the process, ensuring no detail is overlooked.
Protecting Your Child’s Future
Every parent’s worst fear is seeing their child hurt, especially in a place meant to nurture and educate them. By taking the right steps and seeking the right advice, you can not only secure justice for your child but also push for safer practices within schools to protect others.
If your child has been injured at school and you think it may have been due to negligence, don’t wait. Contact HOMS Assist today for expert legal advice. Together, we’ll help you take the first steps toward safeguarding your child’s well-being and future.
