A major news story on the BBC website this morning uses false comparisons and basic errors to create a highly misleading picture about the sums paid out for accident claims in schools. Far from revealing a ‘claims culture’, the figures actually show that payouts make up a tiny proportion of education budgets, and are not on the rise.
How often do you hear that the ‘health and safety culture’ cannot be resisted? That fear of litigation makes people unwilling to accept the slightest possibility of accidents or injuries? The implication is that risk benefit assessment (RBA) – the balanced approach to risk management that I and others have developed – is a waste of time.
My response – that RBA is making a difference, and that the legal benchmark is to be reasonable, not to eliminate all risk – is sometimes met with scepticism or cynicism. “That may be true in theory,” the argument goes. “But in practice, as soon as a child is hurt and a claim comes in, the lawyers and the insurers just pay out, no matter what the merits of the case.”
This is why I am pleased to share the news that the charity Hackney Play Association has successfully fought off a claim after a playground accident, and that RBA was crucial to the outcome. The details were released yesterday on the Play Safety Forum (PSF) website – see below.
An adventure playground in Hackney
A claim for compensation after a playground accident has been rejected in a precedent-setting legal case in the Supreme Court of British Columbia. The civil claim was made against the municipality of Saanich, following an accident during a game of ‘grounders’ (a chase game played on and around fixed play equipment that my daughter and her London friends would know better as ‘off-ground touch’).