APIL: Focus on education not litigation

Tuesday, 23, Oct 2007 12:00

Concerns raised by the Tory party about school trips being abandoned are completely unfounded, lawyers have warned.

Martin Bare, president of the Association of Personal Injury Lawyers (APIL) said the Tory proposal to bring in a new law to protect teachers from being sued was unnecessary, and that helping people understand the difference between an accident and negligence was the sensible way forward.

“Fears of litigation are usually unfounded,” he said. “But there is undoubtedly confusion about negligence and personal injury litigation, which is why we launched a guide on this very issue,” he said. “It is by no means exhaustive but it is designed to help people understand that the best way to avoid injury and litigation is to prevent the negligence from happening in the first place.”

Martin said the number of personal injury claims is going down, not up, and the number of injuries and deaths related to school trips is minimal.

APIL’s booklet is aimed at helping individuals and organisations to put the issue of risk into perspective and to understand what the law expects them to do to avoid needless injury, without stopping people from living full and active lives.

“An accident is just that – an unforeseen mishap,” said Martin. “But there is a world of difference between an unavoidable accident and an injury caused by someone else’s negligence. What we are trying to do through the booklet is to give people an idea of how the two are interpreted by the law.”

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