Vehicle damaged in school car park by pupil. Who's liable?

[classic33]

Isn't there usually a sign saying vehicles parked at owners risk or similar wording?

 

[srw]

If it were me I'd inform my insurance company and let them argue the toss. That's what they are paid for.

This.

 

[midlife]

Does the pupil with special needs have capacity?

Shaun

 

[Levo-Lon]

Car parks are a grey area...as Rocky says...let the insurer's decide

 

[Apollonius]

I believe the NUT include insurance for exactly this kind of damage in their membership - or they used to anyway. Is the teacher concerned in the NUT?

 

[Milkfloat]

This is a fairly common occurrence at my wife's school, so far nobody has been able to get any money out of the school. A year or so ago they installed CCTV, but won't let the teachers find out who causes the damage.

 

[theclaud]

Car parks are a grey area...

Difficult to argue with that.

 

[ChrisV]

Pupils are not permitted to be in the car park. School makes this clear but can't man the car park at all times.

I'd imagine it's the same as it getting damaged in a supermarket carpark?

 

[Buck]

The school has no liability for a car parked in the car park. They will have many disclaimers regarding this.

However,

They will have a duty of care to the child with special needs (and in fact, any and every child) and as such the question is whether they were negligent in their supervision of the child that led to the child causing damage to the car, intentional or not.

If it was my car I would be getting my insurance company to contact the school with this particular line of questioning/claim.

 

[Accy cyclist]

No wonder court case dramas bore me to death! If this was a court case and i was on the jury i'd be asleep in five minutes.

 

[ChrisV]

It's nothing compared to the excitement of the 'What should I wear to hospital?' thread!

 

[Accy cyclist]

It's nothing compared to the excitement of the 'What should I wear to hospital?' thread!

If i'm ever called up for jury service you do know what'll happen don't you?

 

[AndyRM]

Hm, interesting one. I belted a cricket ball through a teacher's car windscreen at school (by accident). Can't remember what the outcome was but I suspect my old man will, I'll see what he reckons.

 

[Cubist]

Difficult to argue with that.

There was one on some chalk downs I visited that was more of an off-white.......

 

[Markymark]

If i'm ever called up for jury service you do know what'll happen don't you?

You'll get bored, not listen to the evidence and make an ill informed judgement based on prejudices?