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Litigation for personal injury can bring precedent setting rulings that have the potential to change the way certain sectors of society have to behave as they live and work.
One such case occurred in 2009 when a Civil Appeal Court heard the case of a dinner lady left permanently injured after colliding with a schoolboy in an accident on school grounds.
The dinner lady was walking on a path outside a classroom that her personal injury solicitor stated was not part of the school playground. The schoolboy, who was 13 at the time, ran backwards into her after being chased by a school friend. His head connected with her face and she was left with a broken nose, damaged teeth and also suffering from brain damage that left her partially paralysed.
After the accident, which happened in 2004, the school worker spent six weeks in hospital and continued to suffer seizures and chronic headaches. At the time of the appeal hearing she had not been able to go back to work. She claimed an undisclosed six figure sum in damages.
An earlier compensation claim was dismissed from Winchester County Court in 2008 and her personal injury solicitor claimed that the ruling gave school children "carte blanche" to act in a manner at school "without needing to give a second thought to other children, teachers, or dinner ladies, who might happen to end up in the way".
The defending lawyer told the appeal court, "This appeal raises a stark and important question: Does the law have any part to play in the regulation of simple, time-honoured, playground games between young children?
"We contend that it does not and that, to conclude otherwise, would place an unwarranted and undesirable restriction on the normal, healthy development of a child."
He suggested the boy's behaviour was nothing more than "spontaneous, high-spirited and good natured horseplay". He asked the court to be "slow to come to a conclusion that might inhibit children's use of play areas during break time" and commented that it would be a shame if today's children, who generally lead sedentary lives, were inhibited in their use of school playtimes.
The three Lord Justices presiding reserved their decision for a later date.
Compensation for personal injury from the experts at YouClaim
Personal injury claims can be contentious, but if the accident compensation solicitors think your case is demonstrable and another party was either totally or partly to blame, then our professionals will do their utmost to get you the compensation you deserve.
We have developed a no win, no fee system that completely protects claimants from all fees, even in a lost case. And in won cases any charges that have had to be paid will be reimbursed. Further, with YouClaim claimants are guaranteed to receive 100% of any compensation awarded; we will never take a penny once a sum has been agreed.
Contact us today
You can speak to one of our friendly yet knowledgeable advisors by calling our free and confidential helpline on 0800 10 757 95 or we can always call you back at a time to suit you.
Alternatively, you may wish to fill in our online claim form giving us brief details of your personal injury and one of legal advisors will look into the details of the accident before we discuss going ahead with the claim.
