Mom settles in R1.6m claim for son’s school accident
THE mother of a boy who suffered severe head injuries when he fell on a screw protruding from a steel staircase at school is claiming more than R1.6 million in damages from the private Spark School in Centurion, for the pain and suffering her child endured as a result of the accident.
The matter was due to go on trial this week in the Gauteng High Court, Pretoria. But the mother’s lawyer John Njau said the matter has been settled.
In terms of a settlement agreement, Spark School accepted 100% liability for the injuries Tshiamo Mokone suffered.
Njau said the amount of damages cited at this time could be higher, as they now have to appoint medical experts to exactly assess the damages suffered by the boy, now aged 12. The matter is to return to court at a later date to determine the amount of damages payable to the mother.
Tshiamo’s mother Naledi Mokone, who instituted the claim on behalf of her son, held the school accountable for what happened to him. The incident happened on October 19, 2018, during the 10am break at school.
Tshiamo was 6 at the time and he was playing with friends under the staircase when he bumped his head on the large and dangerous protruding metal screw.
He was rushed to hospital.
The mother said the staff at the school were negligent, and that the small children had free access to the staircase as there was nobody supervising them at the time.
She said in court papers that the teachers failed to monitor the playtime and thus allowed the children access to a dangerous area. While the teachers had a duty of care towards the children during school hours, the mother also said that the school had failed to cordon off the dangerous area to prevent harm to the children.
She said that she expected her child to be safe while he was at school and that playtime would occur under supervision.
The boy meanwhile suffered an open wound to his scalp and other head injuries, he also suffered emotional trauma.
Before agreeing to settle the matter, the school denied liability and said that it did place “danger tape” around the site where the incident occurred. The school denied that the children had access to the area underneath the staircase.
The school also said in its defence that the incident was the mother’s fault, as she knew exactly the outline of the school and she should have instructed her child not to enter the area under the staircase.
The school also said that if the mother was not happy with the school, she could have removed her child.
Their lawyer said the boy had been left so traumatised by the events that he was now being home-schooled.