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School Accident Claims Scotland

Schools in Scotland owe pupils a duty of care during the school day, on trips and in extracurricular activities. If your child has been injured at school because of inadequate supervision, a defective environment or a failure to take reasonable precautions, you may be able to claim compensation on their behalf.

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Time limits apply

In Scotland, most personal injury claims must be started within three years of the accident or date of knowledge. Do not delay.

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Funding options may be available so you can pursue your claim without upfront financial risk.

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How claims work

Not sure how the claims process works? Our step-by-step guide explains what to expect.

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Frequently Asked Questions

Can I claim compensation if my child was injured at school in Scotland?
Yes. Schools — whether local authority maintained schools or independent schools — owe pupils a duty of care. Where a child is injured because of inadequate supervision, a defective or unsafe environment, or a failure to take reasonable precautions, a claim may be brought against the school or the local authority. As a parent or guardian, you can bring the claim on behalf of your child.
What is the time limit for a school accident claim for a child in Scotland?
In Scotland, the limitation period for personal injury claims does not generally run until the child reaches the age of 16. This means that a claim can be brought by the child themselves up to their 19th birthday. However, a parent or guardian can bring a claim on behalf of a child at any time before that. It is advisable to act early to preserve evidence, witness recollections and school records.
Who is responsible for a school accident — the school or the council?
For local authority schools in Scotland, the local authority (council) is typically the occupier and employer of the teaching and support staff. Claims are therefore usually brought against the local authority. For independent schools, the claim is against the school. Your solicitor will identify the correct defender based on the facts of the accident.
Can I claim for a playground injury in Scotland?
Yes. Playground injuries can give rise to claims where: the playground equipment was defective or inadequately maintained; the playground surface was unsuitable or in disrepair; supervision was inadequate; or a foreseeable hazard was not addressed. Not every accident during play is actionable — schools are not expected to eliminate all risk — but a failure to take reasonable precautions can found a claim.
Can I claim for a sports injury at school?
Yes, in some cases. Schools owe a duty to properly supervise sports activities, ensure equipment is safe, and teach activities safely within their competence. A sports injury claim can succeed where: inadequate supervision allowed foreseeable harm; equipment was defective; an activity was beyond the reasonable competence of the supervising teacher; or safety guidance from sport governing bodies was not followed.
What compensation can be claimed for a school accident?
Compensation can include: solatium for the child's pain, suffering and loss of amenity; the cost of medical treatment and therapy; losses suffered by parents (such as taking time off work to care for the child); and future losses if the injury has a long-term impact on the child's health, development or future earning capacity.

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