£6,000 awarded to child for elbow injury
Circumstances of the accident
Injuries were sustained by the claimant whilst at school. The claimant was using some play equipment which had been placed on a hard surface. When the claimant fell from the play equipment he sustained a broken arm.
Following the accident the claimant was taken to hospital where under general anaesthetic where K-wires were fixed to his elbow and wrist to hold the bone which was then placed in a plaster cast. Following the operation the claimant was detained in hospital overnight.
The injury did not settle well. The claimant found it difficult to wear the plaster cast which needed to be replaced a number of times causing further distress to the claimant. The claimant continued to suffer pain for which general painkillers were taken.
When the claimant went back into hospital to have the K-wires and cast removed the procedure had to be done under general anaesthetic which again added to the claimant's trauma and stress.
Expert medical opinion
The opinion of a medical expert was sought for use within the Court proceedings. The conclusion of the medical expert was that both injuries had settled, the wrist within 3 months of the date of the accident and the elbow 6 months after the accident. It was not anticipated that there would be any long term problems.
The Local Authority who have overall responsibility for the school were sued on the basis that they have a duty of care to all of the school children at the school and also have a statutory obligation to make sure they take all reasonable steps to avoid accidents under the provisions of the Occupiers' Lliability Act 1957.
The matter was dealt with before the Guildford County Court where because of the age of the claimant a child settlement approval hearing was required. The Court awarded general damages of £6,000 for pain, suffering and loss of amenity.