Chip

Some schools are going to ban kids from playing in the playground as they are worried about the potential risks of being sued if a child hurts themself.

It stems from a kid who broke his arm when he fell off a swing in a school and then sued.

I always thought getting hurt as a kid was all part of growing up.
Suppose weve got the good old USofA to blame for this as its all the rage over there.

I think its a real shame that everyone wants to wrap everyone else up in cotton wool these days.

Chip.

ProperCharlie

hey - it looks like this might be something we agree on.

*shock*

get it at work t he whole time. as soon as anyone so much as stubs their toe it's like "how much is that worth then?"

it's a shame for the decent people who still believe on working for the good of the Company.

as for the kids at school - it's a wonder some of their parents ever let them out of the house. they complain when they are told to turn their mobile 'phones off in class: what if thier parents wanted to contact them "in an emergency"?

hard to imagine what kind of emergency that would be....

midget1500

this thread has depressed me. i want compensation

yup - the whole thing sucks. get rid of all the lawyers!

Scooby_Loo

At my old primary school, there are set of steep steps that i fell down and skinned me knees really badly. This was about 10 years ago and they are still all red! I was told i was a silly girl, laughed at, cleaned up and that was the end of it.


I also got a pair of pink slip on loafers when i was about 6 from barratts. I was running outside playing tig, the soles were that shiny beige coloured stuff, and I slipped, smacked my face on a metal washing pole thingy, chipped my tooth and the loose bit is lodged in my mouth, i have a tiny bluey/black mark just under my lip which happened to be a bit tooth.

I also played rugby at school, got in a bit of a scramble and now have a rather attractive scar just under my eyebrow. It's a big one too!

I also fell on the bus when i was 4, my shin hit the edge of the step (which was very VERY sharp) and got a 5 inch scar on my leg, which is still highly visible (hence the lack of skirts in my wardrobe).

I have multiple scars that werent my fault. Damnit, what was my mother thinking. That compensation money could have funded my rally driving career!!!

Chris L

Incidently, the case that Chip mentions has just been over turned on appeal. A Judge has said that it was impossible for a school to have forseen the accident and as such could not be held responsible. His opinion was that if the case had stood, it would have ended all school sports days etc, as the cost of insurance would be have been too high. The family involved have been told to repay the compensation. In a final twist, the firm of lawyers fought on a 'no win no fee' basis, so they now face a bill for around £10000. Justice? I think so.

Chris

Chip

At last, justice in the UK.

Chip

Chip

Charlie,
Nice to see we agree on something then.

I doubt Evil Bevel will agree though.

Chip.

logiclee

And don't forget if you are any sort of manager or supervisor and your firm employs more than 5 people you need written proof that you have assesed the risk of every task they perform.

This is the LAW and will save you from criminal prosecution should an employee be injured and the HSE get involved.

It won't however prevent the employee from suing your firm in the civil courts for compensation. Just hope you can keep affording the insurance premium.

Lee

EvilBevel

I'm afraid I have to disappoint you there Chip

Chip

Good, Nice to see it EB.

Chip.

hades

logiclee - there are very few cases where the HSE have personally prosecuted supervisors/ lower or middle managers, unless there is some level of personal negligence. If you are following company procedures, which don't require written risk assessments, the company or the directors are the ones that will get hammered in court. The same will normally apply if you haven't been trained in the procedures or to do the risk assessments. There is also the issue that you can have done a risk assessment, but something you hadn't thought of happens - unless you've missed something extremely obvious, you are very unlikely to get personally prosecuted. Generally you're only in trouble if you have knowingly declined to carry out a procedure/precaution or broken rules.

If however, you're a director, that's the time to worry!

logiclee

hades,

Your probably right in the general work place. I work in a dangerous industry and we will have HSE visits around three times a month. I am an Electrical Engineer with a staff of around 60 electricians but to cover myself I have taken IOSHH, NEBOSH cert, and NEBOSH diploma.

We have had middle management prosecuted in the past, supervisors have been fined and sacked due to HSE involvement.

If you are in a position where you are resonsible for someones health and safety and fail in that responsibility then the HSE are starting to be more forward in prosecution (Especially in Railways, Mining, Petro-Chemicals etc.). Even if you haven't been trained properly for your role the first rule of law is ignorance is no defence, you company/director would also have failed in his duty to train you correctly so likely there would be two prosecutions.

It's just worth covering your own back in this day and age in my opinion.

Lee

[Edited by logiclee - 9/28/2003 2:55:19 PM]