Hi Readers! This is such a disturbing story. A Scottish boy who was 10 was painting scenery on the ground for a school play back in 2003 when one of the other painters got up, bumping into him. This caused him to fall on another student’s paintbrush, which — this is so horrible — pierced him through the eye, causing blindness in the eye and brain damage.
Now a court has ruled that the teachers at the school should have “foreseen” that such an event was, if not likely, at least POSSIBLE. Wrote the judge:
When one looks at the whole circumstances of the use of the brush, a real risk of injury emerges as foreseeable. A reasonable person in the position of the teachers would have taken steps to prevent that foreseeable risk of harm…”
According to the BBC report, the judge said the painting could have been done with “safer” brushes, and at the kids’ desks, rather than on the ground.
As if the ground is so darn dangerous.
Now, obviously, what’s extremely upsetting about this is not JUST that the school has since outlawed “long” paintbrushes, and now sees painting as a dangerous activity. It’s the notion of “reasonable” foresight and how this encourages a totally paranoid way of thinking. If we are all supposed to have the foresight to prevent all freak accidents that might someday, somehow happen under the most mundane of circumstances, we would have to get rid of every item in every place any child could ever be. Because — hey — a child COULD choke on a lemon, or slip on a slipper, or impale herself on a toothbrush. Let’s ban them all now, before we’re on the line for millions, as this school might be.
What happened to the boy is a tragedy. No need to compound it. — Lenore
Filed under: Insurance repercussions, School and Zero Tolerance and Bullies, Uber Safety, Uncategorized | Tagged: accident, judge, law, lawsuit, lawyer, legal, litigious, litigiousness, paintbrush, school, Scotland |