Is School Liable For Damage?

[gdoug10]

My wife was sitting in her parked car near a school during school time (12:00) when 2 pupils started a fight, they slammed each other into the car causing some damage to the rear bumber and panel. They were completly oblivious to her but she managed to get them off but was quite shaken.

We have contacted the school about the incident and damage and there being less than helpful about either locating the boys or offering to pay for the damage.

Were going to get a quote from a local damage and it may be a simple case of popping the dents out and fixing the bumper back on and costing under £100, however if the bumper/panel need replacing the bill will run into £100's.
Either way I dont want to pay for the damage so can I take the school to small claims court?

[VHG]

You say you were sitting NEAR the school so I assume not on school land.

On that basis the school would be responsible for everything every child did from when they left their house to when they got to school, and the opposite in the evening.

If that is the case I dont see how you can expect the school to pay for anything.

[Mattk]

If its not on their premises I can't see that they are liable.

[Prudie]

If 2 pupils caused that much damage while fighting I would expect them to need medical help there and then. I'm not convinced so I don't see why the school should be either.

[ChuckFickens]

I can't really see how the school would be liable.

In what way do you think they have been negligent to cause this to happen?

[EDDIE51]

The school is NOT liable so don't even think about trying to claim from them This could have happened anywhere . I very much doubt that they would even be responsible help to identify the boys , do you even have an accurate description ?
They were out of school so no longer the schools responsibility.
Sorry this is down to you or your insurance . Unless the damage turns out to be very sustancial it will not pay to claim as you will get charged more in higher premiums than you get for the damage. Get 2 or 3 quotes and ask them to do a deal for cash , it will be cheaper in the long run.

[boxtops]

No, of course not - the school's not responsible if two boys fight, so of course they are not being "helpful" about offering to pay, why should they, their own insurance wouldn't cover this.

I can't believe that a couple of boys falling against your car could do so much damage. "she managed to get them off" - I don't understand that part.

How can the school be deemed negligent or responsible for this? If anything, it's the lads and/or their parents.

[EDDIE51]

I don't like to suggest this but I thought it sounded implausible. Are you sure your wife didn't have a minor bump with another car or an object but was scared to tell you, so made up the story about 2 boys fighting ?
I have to agree that had a boy or boys hit a car hard enough to cause a bumper to come off and damage the bodywork , the boys would be quite badly injured .

[craft1948]

If she had been sitting outside a pub would you have sued them for damage caused by drunkards?

[EDDIE51]

Thinking about this more, modern car bumpers are made to withstand a crash at 10 to 15 mph with out damage , yet yours WAS damaged ! The more I think about it the more unlikely the story seems.

[craft1948]

Now then Eddie.............don't put off new members.

[jno]

Eddie, I was run into this year at about 5mph (the driver behind me as we waited at the lights just wriggled her foot and the car slipped forward a couple of feet). Our bumper was damaged.

[EDDIE51]

Ok I take back the comments about a 'bump' but to answer the question '' No the school is NOT liable and you CAN NOT claim against them.''

[rojash]

Jno, a ton of steel hit your bumper at 5mph and caused damage. What speed to you think 10 stone of flesh and bones would need to be doing to cause the same amount?

[gdoug10]

Ok couple of things to clear up

1) the school has multiple buildings in the town and the pupils were going from one building to another so was in school time.

2) There are no scuff marks you'd expect from another car causing the damage, it was the first thing I checked.

The damage itself looks minor the bumper has been pushed out of its housing by about .5 cm and it looks like the boy was slammed into the rear light housing which has pushed it into the panel.

I always thought the school was responsible for the pupils in its charge throughout the day. If the pupils were on a school trip and caused damage would the school not be liable?

[Mosaic]

Can I ask why this wasn't reported to the police at the time? That way you would have at least an incident number to use in an insurance claim.
Exercise caution - the facts are that your car hit two kids. That is what the opposition is likely to argue.
It doesn't seem fair but it isn't the school's liability - just stuff that happens, which is what your insurance is for.

[jno]

Mosaic, if the car was parked it didn't hit anyone.

[FredPuli43]

gdoug10, your premiss is somewhat flawed. The school is not responsible for any and every thing that a pupil does, whether on a school trip or in school hours. Its duty is only to provide a reasonable standard of care such as a parent would do.If one boy assaults or murders another, the victim's parents could only sue the school if it had manifestly and negiligently failed to prevent the incident; if it knew, or must have known, that an assault would take place and did nothing by way of preventing it when it was able to do so. (It would be a highly unusual case if that were so; the circumstances would be so extreme in nature that it is almost inconceivable).

Now in what way is the school liable for two pupils fighting in the street ? The school has said, in effect, "Make your own way from one building to another" What do you expect the school to do? Have the two pupils under some tight escort to guard the two lest they take to assaulting one another (or commit arson, or burgle a shop) on the way there? It really wouldn't make a lot of difference if it was in the school, but it wasn't.

It follows that the school can't be liable for the incidental damage (itself only an arguably forseeable consequence anyway) resulting from the combat and you have no case.

[McMouse]

Report the incident to the police. If you are able to identify the boys bill them for the repairs. If they don't cough up, suggest you go through the small claim court. It's not the schools responsibility.

[gdoug10]

We're going to go down the police route now and raise it as a criminal damage matter.

Does raise an interesting question though if the school could be held negligent for not providing adequate/any supervision.

Thanks for taking the time to answer everyone its been very useful.

[sherrardk]

12 o'clock could be lunchtime and the pupils wouldn't be under school 'control' so it can't be classed as the school's fault. Do you know who the pupils were? If not, do you really think the police are going to waste resources finding out and pursuing it in any way? Why not put it down to experience and forget about it?