pwede ba akong kasuhan kpag ganito?
2 Re: pwede ba akong kasuhan kpag ganito? on Sun Feb 03, 2013 7:17 am
Even if your child - or another - is considered partly to blame for an accident, you may still institute a claim, although, if it succeeds, any compensation awarded may be reduced.
LIABILITY To determine responsibility for damages after an accident at school, the nature of the school must first be established. If it is a state school, the claim would be against the relevant controlling body; if it is a private school, against the school itself. Where the school is insured against claims, the case will be referred to the insurance company, although the claim must still be brought against the school itself or its controlling body.
GROUNDS FOR DAMAGES The law requires that school authorities - such as teachers, principals and school committees - must take the same care of the schoolchildren entrusted to them as a 'careful father' would. This requirement imposes two tasks on a court determining whether damages should be awarded because of an injury sustained at school:
First, the court must decide what injury or risk of harm a 'careful father' would have foreseen in the situation that gave rise to the injury. The court must also decide what the father would have done if he had realised that the danger was present.
Second, the court must decide whether the teacher or school authority failed to act as a careful father would have acted under the same circumstances. Only if the teacher could have foreseen the danger and did not act as a 'careful' father would have acted can a claim for damages succeed.
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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