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A Scottish teenager is set to receive up to £2.5 million in no-win, no-fee compensation after a judge at the Court of Session in Edinburgh ruled that the boy's former school is to blame for the serious eye and brain injuries he sustained in a classroom accident.
The claimant, aged 10 at the time, had been sitting on the floor helping paint a set for a school play when another student bumped into him, causing him to fall forwards onto the sharp handle of a paint brush being used by another student. The paintbrush handle pierced the boy's eye and became lodged in his brain, causing "catastrophic injury".
As a result of his injuries, the no-win, no-fee compensation claimant is now blind in one eye and has a number of serious cognitive problems, including reduced concentration and memory problems.
Explaining her decision to clear the way for an accident injury payout, the judge said, "Foreseeability is not the same as frequency - an accident might rarely happen yet nevertheless be foreseeable."
"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."
She added, "There was no persuasive reason why the task could not have been done at desks."
It is anticipated that the young man's no-win, no-fee compensation settlement will include sums for loss of capacity and loss of earning potential.
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