Hannah, a bright-eyed and bushy-tailed Grade 4 student, was beyond excited for her school’s trip to the reptile park near Stellenbosch. Visions of slithering snakes and majestic crocodiles danced in her head. Her parents had signed all the necessary consent forms, trusting the school to keep their little adventurer safe. Unfortunately, during the “interactive snake handling” session (which, in hindsight, was probably not the best idea for ten-year-olds), Hannah, who has a slight but well-documented fear of anything scaly, panicked and tripped, breaking her arm. Her parents were furious. Was the school responsible?
This was a typical case in the realm of Delict Law, specifically focusing on “negligence” in situations where a duty of care is owed. Schools, like many other institutions, owe a duty of care to those under their supervision. So let’s take a closer look into this.
The School’s Duty of Care:
A school, by taking on the responsibility of supervising children, assumes a duty to act reasonably to prevent harm to those children. This means they must:
- Anticipate Potential Dangers: A reasonable school should foresee risks, especially with activities involving animals or in potentially hazardous environments.
- Take Reasonable Precautions: They should implement measures to mitigate those risks (e.g., ensuring adequate supervision, providing proper safety instructions, assessing the suitability of activities for the age group).
- Act Responsibly in Emergencies: They should have protocols for dealing with injuries or incidents.
In Hannah’s case, the “interactive snake handling” for ten-year-olds, especially given her known fear, could be seen as an unreasonable risk. A reasonable school might have offered an alternative activity, or ensured a higher level of supervision and warning. Their failure to do so could constitute negligence.
Before I continue, and this is important to both parents and schools – Just because the school makes you sign an “indemnity / consent”, doesn’t relief them of their duty of care! Schools can therefore not escape possible liability by saying the parent signed an “indemnity form”!
Who Can Be Sued?:
- The School Itself: As the institution, the school can be held liable.
- The Teachers/Supervisors: Individual teachers directly responsible for supervision could also be sued, though often the school is the primary target due to its deeper pockets.
- The Reptile Park: In Hannah’s case, if the park itself was negligent (e.g., unsafe enclosures, unqualified staff), they could also be held liable.
What Do We Need To Prove?:
- Harm: Hannah suffered a broken arm, medical expenses, pain and suffering.
- Conduct: The school’s decision to include snake handling, and potentially inadequate supervision.
- Wrongfulness: Was their conduct against what a reasonable school would do? Likely, yes.
- Fault (Negligence): Did they act reasonably? Probably not.
- Causation: Did their negligence directly lead to Hannah’s? Yes.
What Hannah’s Parents Can Do?:
- Communicate with the School: Express their concerns and seek an explanation.
- Gather Evidence: Get all medical reports, school consent/indemnity forms, any internal school policies on excursions, and witness statements from other parents or children (if appropriate).
- Lodge a Formal Complaint: With the school governing body (SGB) or the Department of Education if they receive a response from the school that they’re not happy with. Example, “Sorry, but you signed a consent form so we are not liable”.
- Seek Legal Advice: If they’re unhappy with the response from the school SGB and WCED, then get a lawyer to assess the strength of the claim, quantify the damages (medical bills, future physiotherapy, pain and suffering), and guide them through the process of suing for negligence. This could involve negotiations with the school, WCED, its insurers, or ultimately, litigation (court).
Hannah’s parents, after careful consideration, decided to pursue a claim against the school. They weren’t looking for revenge, but for accountability and to cover Hannah’s medical costs. Let me pause here. Sometimes client’s have this perception that they will no get rich, because of their claim. I your aim is to “make money”, or “get rich”, then you might end up being quite disappointed. Back to Hannah’s case. The school’s insurers, after reviewing the evidence of negligence, offered a settlement, which the parents accepted. Hannah eventually healed, but her fear of snakes (and school excursions) lingered.
Takeaway: When institutions (even companies) are responsible for the safety of others, they owe a duty of care. If their negligence leads to injury, they can be held accountable. Don’t hesitate to seek legal advice if you or your loved ones are harmed due to someone else’s failure to act reasonably.
