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Whose fault what should I do

I am afraid that this is not a straightforward matter at all.

Criminal Aspect 

At that age it is difficult to prove that this child deliberately set out to injure your child and it wasn’t just high jinks so it’s unlikely the police would become involved. They would maybe if there was a reported history of this child picking on your child but that doesn’t seem the case. Obviously its open for you to report it to them if you wish.

Civil Aspect

Although this wasn’t mentioned in your question, a civil claim can provide compensation for the pain and suffering your child has experienced together with payment for private medical treatment and other expenses.

As the incident happened out of school, the schools responsibility has arguably ended unless they were aware of something going on between the 2 children at school which carried on out of school.



Therefore the only other avenue would be if you could prove that the child acted negligently then you could potentially sue them (in effect their parents). Unfortunately it’s doubtful a court would hold the child at fault here as it was not necessarily foreseeable that an injury would occur from the description of the incident. The threshold for holding a child at fault for “horseplay” is very high so there would have to “more to it” as such than the incident as explained by you. This may be your best option but even then the chances of a successful outcome are slim.

My son was pushed over by another child and broken his front teeth as a result. Is this ABH? The boys are both 12.

If your employers required you to wear specific footwear they should have supplied that footwear and emade you wear it on site, by not doing so they were negligent.

However the true cause of the accident appears to be the condition of the site, that is also your employer's responsibilty.

Overall we would recommend that you make a claim, we would be willing to deal with any claim on a "no win, no fee" basis.

Stood on nail working on a building site. Wasn't wearing safety boots. Can I still make a claim?

Paul Rossiter

Ellie Burns

Whose fault what should I do

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