If your child has been in the care of a school, leisure centre, activities group, or other organisation, and has sustained a head injury as a result of lapses in care, George Ide LLP – providing brain damage solicitor services in Portsmouth – might be able to help you pursue compensation to help ensure sums for such things as medical expenses, home care, rehabilitation, lost earnings, and other necessities.
In 2013 the family of a girl who sustained a serious brain injury as a result of an accident in a swimming pool when she was ten-years-old, secured the right to obtain compensation from the local authority concerned following a number of unsuccessful claims made through the High Court and the Court of Appeal.
However, the Supreme Court overturned these rulings, saying that the local authority (whose representative was the girl’s school) owed her a “non-delegable duty of care”. This supported the argument of the girl’s personal injury lawyers who said that the duty of care could not be negated by the involvement of contracted third parties – in this case the staff at the swimming pool where the girl was having lessons with her classmates in July 2000.
The judge concerned said that the decision was a “development of the law” and prevented the “unsatisfactory possibility” that while one injured child might be able to sue another might not.
Under the terms of the National Curriculum, schools are obliged to provide all pupils with swimming lessons. However, under previous rulings parents were faced with the perverse reality that schools had no obligation to child safety during these lessons.
“The Supreme Court has agreed that schools have a duty of care to pupils which cannot be delegated to any external contractors which they bring in to take lessons,” said the girl’s brain injury solicitor.
“This judgment is also important because it can be applied to those charged with looking after vulnerable individuals, be they school pupils or those in care homes.”
George Ide LLP are a leading full-service legal firm in the South. Our brain damage solicitors can work with claimants in Portsmouth, are recognised as being among the top rank, and have strong links with organisations such as the Brain Injury Group, Headway, and Brake.
Our specialist Head Injury Department is headed by members of the Law Society’s Personal Injury Panel and we pride ourselves on providing sound advice, strong support, sensitive service and, above all, a rigorous and knowledgeable legal team which achieves results.
For more information, contact us today by phone, via email, or by filling in our online enquiry form.