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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi my son had an incident in school 2 yrs ago he was 12 yrs

Resolved Question:

hi my son had an incident in school 2 yrs ago he was 12 yrs he was playing rugby after school . went to get a drink from school fountain his friend stupidly pushed his face hard down into it damaging his 2 front upper teeth. went to the dentist the following morning phoned the school but was told no insurance I,d have to go through the other families idid not feel ok about that but so far his treatment is costing240 pounds and we have been told there will be more fill in treatments .until they can do major treatment when he is 18 and a lot more money in the future please can you give me some advice thankyou
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Who is it you want to sue please?

Customer:

I am not sure either the school or parents

Alex Watts :

I dont think you can sue the school

Alex Watts :

This is because this incident could not have been prevented by the school - what else could they have done?

Alex Watts :

They can't stop his friend from pushing his face, so the school is out

Alex Watts :

If the child was negligent then potentially you may have a claim against the child.

Alex Watts :

But in order to issue proceedings the child would need to have a 'litigation friend'.

Alex Watts :

As the child is under 18 you can't issue proceedings directly as they do not have capacity

Alex Watts :

You would also have to show that this was more than just horseplay and an evil act with an intent to do harm

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

hi no there was no "evil" intent although it was not an accident, however my son has suffered and is going to need expensive dental treatment through no fault of his own .which we will have to pay. doesn't school have insurance to cover this?

Alex Watts :

But its not the school's fault.

Alex Watts :

They will have insurance but you would have to show they were negligent. Sadly they were not

Alex Watts :

Can I clarify anything else?

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