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School Crossing Injury Compensation

Who do I make a school crossing injury compensation claim against?

Question:

Who do I make a school crossing injury compensation claim against?

Answer:

Your potential claim for school crossing injury compensation will depend on who is responsible – is negligent – for your child’s injury. However, more than one party may be liable for school crossing injury compensation, depending on the circumstances.

If the patrol officer (aka “lollipop man”) is either entirely or partially to blame for the accident that resulted in your child’s injury, your claim for school crossing injury compensation should be made against the local authority through its insurers. Through a principle known as “vicarious liability”, the local authority is liable for the patrol officer’s negligence in the case of an accident resulting in an injury for which you can claim school crossing injury compensation.

Patrol officers have a high degree of “duty of care” attached to their profession for ensuring safe crossing of children – even when children run or otherwise contribute to their own accident by being careless. However, in such a case, the amount awarded for school crossing injury compensation may be reduced.

However, if a patrol officer observes all conceivable precautions so that a motorist is entirely to blame for the accident, your claim for school crossing injury compensation may be brought against the negligent driver. There are cases, though, where both the local authority responsible for the patrol officer and the driver may be found negligent, so your claim for school crossing injury compensation may be pursued against both parties. Owing to this, it is useful to gather witness details about the incident.

Since school crossing injury compensation claims can be complicated by liability of multiple parties, you are encouraged to speak with an experienced solicitor about the circumstances that led to your child’s injury.