Court awards €87,351 compensation after classroom accident
The Court of Appeal today confirmed a judgement of the First Hall of the Civil Court which had awarded €87,351 in damages to a schoolboy who was blinded in one eye as a result of a classroom incident in 1994.
The case was instituted by Patrick and Mary Rose Bezzina on behalf of their son Rowland against the Minister for Education.
Rowland, then 13, was injured when he was pushed and hit his face on a door handle in a classroom Guze Galea School in Qormi. The teacher had left class early to carry out other duties.
The court found that the accident would have been avoided if the head of school had instructed another teacher to replace the teacher who was told to leave the class to carry out other duties.
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C. Schembri
Oct 5th 2008, 21:48
@t. Desira
Well said t.Desira! That's what I was trying to explain to D. Vella. For a moment, I really felt I was alone in thinking such ideas...
t.desira
Oct 5th 2008, 11:03
@ Tanja Cilia
No, teachers can't refuse orders. We are absolutely not covered if such incident (one of which we cannot have control over) occurs. I always go to work afraid I end up in such a situation and believe me, the teacher cannot control even if s/he is the stricest teacher ever. A fight or such an incident can occur in a split of a second but the teacher will still be blamed!!
Moses Mula
Oct 5th 2008, 09:54
Fourteen years to settle for a compensation? Unbelievable. Our courts must be the slowest and most inneficient in the whole of Europe. There is no doubt that this was a horrific accident, but 13 year olds should be able to act in a civil way even in the absence of adult supervision. I would like to believe that all kids at school are insured as accidents can happen. And to all those people that think that Malta`s economy is build on there tax money, stop thinking that. First, taxes in Malta are one of the lowest in Europe. Secondly, there is so much more that contributes to the kitty, like tourism, exports, and the taxes I pay here in Sweden that part of them go to fund the E.U. financial help Malta gets.
ms s sammut
Oct 5th 2008, 08:56
'1994' !!!! - truly and honestly pajjis tal mickey mouse!!!! Say no more!!!
Tanja Cilia
Oct 5th 2008, 08:33
Justice delayed - justice denied, even if and when it eventually obtains. However, it is illogical to rule that an accident would not happen if an adult is present. By its very nature, an accident is unpredictable. I ask: are teachers within their rights to refuse similar orders, or would they then be accused of insubordination? Those who work in a school environment know full well what I mean.
C. Schembri
Oct 5th 2008, 03:21
@ D Vella
Sure I'm sure... but a teacher takes best care of his students by means to his reach. I myself cannot control a student not to hit another fellow student. If he wants to do it, he will find the time to do it, even under my supervision (maybe whilst addressing other students). My point is that I cannot understand how a teacher is to blame for students' misbehaviour, despite taking best care of my students.
peter grech
Oct 5th 2008, 02:05
awarded damages of a 1994 incident? the law courts should be ashamed!!!
D Vella
Oct 4th 2008, 06:01
@C Schembri.
A teacher has many responsibilities,one of these is to take best care of the students under his care.
Judging by your comments,are you sure that your chosen profession is the right one for you?
With reference to the extraordinary long wait for this (and many other) case to reach conclusion, the defendants ought to be compensated .It ought not to be that one has to wait that extraordinary long amount of time for Justice to be dispensed.
Olina Tretyak
Oct 3rd 2008, 22:20
It looks like if you was injured in a traffic incident you can always open the civil case for damages and hold the Minister responsible: IF there would be better roads, IF there would be better light, IF there would be a sleeping Police, or a traffic light, or a zebra cross or whatever, the accident/incident MAY BE would not happen! No matter who hit you by his car or crashed on you, this would have been prevented IF...
Charles P Cilia
Oct 3rd 2008, 22:04
Without going into the merits of who is to pay or blame; can somebody explain to me why a straight forward case like this should take 14 years to be processed in our courts. Unbelievable.
C. Schembri
Oct 3rd 2008, 21:05
I am surprised that the teacher did not get a fine too. Normally, a teacher ALWAYS gets the blame. I've heard of far more absurd cases against teachers, who because of irresponsibility of students were fined thousands of Liri.
I am about to be a teacher myself, and such things REALLY demotivate me from entering this profession.
Not talking about this particular accident,... but is it fair that because a student acts savagely resulting in injuring another pupil, the teacher gets the blame? just because s/he was supervising the classroom. If I were in the same situation, I would have two options... either shout at the student, with a VERY remote hope that he behaves, the student still being able to push the other student. Otherwise I have the option of grabbing him by the hand to pull him away.. and guess what? That gives me a 1st class ticket to Court for "physical abuse".
And they say teachers have an easy job!
p.piscitelli
Oct 3rd 2008, 20:27
money is all you think about,what about the young boy that lost an eye for the rest of his life.what about an insurance for school children.i live in Italy and i have two daughters i always paid an insurance for them from kindergarten till upper secondary,as we know accidents can happen anywhere.
D Fenech
Oct 3rd 2008, 20:15
Yes of course the young men then 13 now 27 deserves compensation. He should have got it a long time ago.
But was this an accident or did another boy deliberately push him?
I ask because if it was an accident could this case set a precedent. Many,many accidents happen in schools. If I remember correctly there was a case where a boy died as a result of an accident on the school playground.
As for the boy/boys who pushed him surely he/they bear all the blame. At the age of 13 they are expected to act responsibly. Pushing is not on the school curriculum!
As for supervision at all times, the same applies to parents surely!
Pierre Lauri
Oct 3rd 2008, 19:58
Dear friends....
Why all the fuss about who will pay the money...It is irrevelant.
How would you feel if the poor boy is your son????
@ D Fenech
As a parent, I say that when we send our children to school, we are trusting our most treasured gift in the hands of other people. It is totally irresponsible to leave children unattended, whether 2 year olds or teenagers.
Conrad Aquilina
Oct 3rd 2008, 19:55
don't make all this fuss guys.......
Seems you forgot that now Together EVERYTHING is POSSIBLE!!!! For you, your country and your kids.
Together means TOGETHER :)
D Vella
Oct 3rd 2008, 19:41
It is obvious that the Court has decided that it is the fault of the Educational Authorities ,and in particular, the school and its headmaster. Children must never be left unattended when not accompanied by their parents. The responsibility lies with the school board, quite rightly. This is so everywhere not just in Malta
Charles Camilleri
Oct 3rd 2008, 19:39
Is the teacher or the head teacher going to pay all this money?
Michael Andrews
Oct 3rd 2008, 19:39
The kid lost an eye for crying out loud!!!
Yes the taxpayer will pay for it but its what the kid deserves.How would u lot feel if it were your son?
The school is responsible for leaving them unattended although i do feel the kid who pushed him should take some of the blame,
I. M. Dingli
Oct 3rd 2008, 19:16
Why wasn't the boy who pushed him held accountable of his acts?
n camilleri
Oct 3rd 2008, 18:50
This is unbelievable!!!!!
Saviour A Ellul-Bonici
Oct 3rd 2008, 18:29
YOU ME AND US dear Mr Joseph Schembri
D Fenech
Oct 3rd 2008, 18:25
Compensation after 12 YEARS!!!!!!
And what happenned to the clever guy who pushed him in the first place???
+ since when do 13year olds need a babysitter????
P Borg
Oct 3rd 2008, 18:21
Joseph Schembri, who's fault it is we won't know, however, i'd bet 100 quid that you and I are going to fork out the money ;o)
Joseph Schembri
Oct 3rd 2008, 18:15
So whose fault is it and who is going to fork out the money?