The claimant teacher sought damages after being assaulted at school by a child with special needs. The pupil had been identified as having an autistic spectrum disorder (ASD) but the claimant was not aware of that and had not been advised as to the techniques that she should adopt when dealing with him. The judge at first instance did not find negligence and further found that, even if negligence had been established, the claimant had not proved that knowledge of the pupil’s ASD and use of the correct techniques for handling him would have prevented the claimant’s injury.
Held: The appeal succeeded.
Judges:
Longmore, Etherton, LJJ, Sir David Keene
Citations:
[2011] EWCA Civ 246
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Drake v Harbour CA 31-Jan-2008
The plaintiff engaged the defendants to re-wire her house. She was away, and the defendants in sole charge of the house when it suffered a major fire originating in a room used by the defendants. The defendants appealed a finding of liability saying . .
Cited by:
Cited – Wilson v Haden (T/A Clyne Farm Centre) QBD 15-Feb-2013
The claimant sought damages after being injured on an adventure sports weekend hosted by the defendant.
Held: The defendants had failed to follow their own safety procedures associated with this particular feature. The landing area cushioning . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 03 September 2022; Ref: scu.430545