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04th Apr 2017

Judge rules that chasing games in school yards should not be banned

Alison Bough

The President of the Circuit Civil Court, Mr Justice Raymond Groarke, has ruled that chasing games in school yards should not be banned.

President Mr Justice Raymond Groarke made the statement following a case taken against a school on behalf of a six-year-old pupil, Ray Managh of the Irish Independent reports.

Veronika Trjasunova, sued the Guardian Angels National School, Newtownpark Avenue, Blackrock, Co Dublin through her mother, Natalija Saveljeva. Miss Trjasunova claimed that the school’s staff had been negligent by failing to stop a chasing game, during which Veronika fell and broke her left arm. It was alleged that other children also fell on top of her.

The incident occurred during a lunch break in April 2010 and Miss Trjasunova’s legal team alleged that the school did not have a sufficient number of staff members in the yard to supervise up to 150 children who were engaged in various activities and games.

Barrister Adrianne Fields, who appeared with Newman Solicitors on behalf of the school, denied negligence or breach of duty by the Guardian Angels National School and successfully defended a €38,000 damages claim.

Judge Raymond Groarke, dismissed the claim against the school, and said it was physically impossible to stop young children chasing one another in a school yard,

“I just cannot accept the proposition that they should. She was engaged in a game of chase pure and simple and, while it is most regrettable that she became unbalanced and fell, this was simply an old-fashioned accident and I fail to see any liability on the part of the school for that accident.”

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