The case of Orchard v Lee [2009] EWCA Civ 295 involved a collision between a lunch break supervisor and a 13 year old pupil who was playing tag in the playground with one of his friends. The Court found that if a game was being played in an appropriate play area and in accordance with the rules or accepted norms of the activity then the pupil would not be held negligent.
Therefore, if schools want to reduce risks of similar accidents happening, the onus will be firmly on the school to prevent or prohibit either the activity or alter the lay out of the particular environment to have designated zones or have obstacles to discourage speed. If the school takes these measures they must be regularly enforced.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us
Thursday, 11 June 2009
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