A decision to not award a schoolgirl damages after she was injured in an accident in a gym lesson has been upheld by the Court of Appeal.
Laura Babbings, from Huddersfield, was just eight years old when she badly fractured her arm during a gym lesson at Honley Primary School in March 1995. She had jumped from a springboard and was supposed to grasp a bar six feet above the ground, but she missed it and landed awkwardly on the wooden floor. She badly fractured her arm and will always suffer some deformity and disablement from it.
Lauren’s parents lodged a compensation claim against Kirklees Metropolitan Council, claiming that the school had breached its duty of care to Lauren.
At a previous hearing at Huddersfield County Court, the judge dismissed the claim, ruling that staff had not breached their duty of care.
Barrister Benjamin Caswell told the Court of Appeal when representing Lauren, that she will always have some deformity and argued that the school was responsible for that.. He said that Lauren was too young to tackle the gymnastic apparatus, which had been left out after being used by an older class. Mr Caswell added that there was a “reasonably foreseeable” risk of injury, and claimed Lauren should have had help when landing.
Lord Justice Brooke, presiding over the case, ruled that there was no arguable case that the original decision was wrong. He told the court: “How boring things would be if there was no risk.” The teacher of the class was praised by the judge as a “man of integrity”. He had decided to ask his pupils to do the exercise on the spur of the moment, the court heard.
Lord Justice Brooke described Lauren as a sporty girl who was “excited” at the thought of the exercise. He said when deciding there was no arguable case that “she liked new challenges; she picked this exercise because it was more exciting than the other three on offer.”
Lauren who is now 18 years old, still participates in sports and currently plays football for Huddersfield Ladies and her secondary school.
Although, in this instance, the claim was unsuccessful, Macks Solicitors have successfully recovered compensation for clients who have been injured in similar accidents. If you have been injured in an accident that was not your fault you should always seek advice from a specialist personal injury solicitor to find out if you have a genuine claim for compensation.
Macks Solicitors will be happy to give you advice on making a claim for compensation without any obligation. Speak to a Specialist Personal Injury Lawyer by calling Macks Solicitors on 01642 252 828.
