Schoolboy set for

Posted 24/11/2010

A schoolboy is likely to receive up to £2.5 million in personal injury compensation after he sustained lasting injuries in a freak accident in class.

Ten-year-old Tommy Brown had been helping his fellow pupils paint scenery for a play and was crouching on the floor painting when the incident occurred in spring 2003.

He got accidentally knocked by another pupil and fell forwards, landing with his eye onto the brush of one of his peers.

Tommy’s eye was pierced and the handle went through to his brain, causing “catastrophic” injuries which mean he is unlikely to be able to live independently as a result of memory and concentration problems.

Chris Brown, his father, took legal action against North Lanarkshire Council and it was ruled this week that the authority was liable for the accident.

As a result, Tommy should receive personal injury compensation of up to £2.5 million, although the exact amount will be decided at a later date.

Pupils who are hurt at school may be eligible to claim compensation, as long as it can be proven that the accident was caused by defective or dangerous school facilities or inadequate supervision.

Simon Davis, a personal injury specialist at Ashtons Legal, comments: “Those convinced that we have a compensation culture in the UK might seize on this liability decision as an example of a lottery win for an accident that no one could have predicted. The court would not have ruled in his favour unless the evidence showed clearly that something of this kind could have been foreseen and avoided.

“The damages award that Tommy will receive will be calculated on the amount needed to ensure he has as good a quality of life as possible after such injuries. If he is to live at home a full care package is likely. The tragedy would be if Tommy did not have the best chance to make the best of the rest of his life.”