Private school slapped with R504k lawsuit over pupil’s fractured leg

A Cape Town mother has instituted a R504 000 damages and medical expenses claim against a Somerset West Montessori school after her son allegedly suffered fractures following a fall on the school premises.

A Cape Town mother has instituted a R504 000 damages and medical expenses claim against a Somerset West Montessori school after her son allegedly suffered fractures following a fall on the school premises.

Published Jul 29, 2024

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A Cape Town mother has instituted a R504 000 damages and medical expenses claim against a Somerset West Montessori school after her son allegedly suffered fractures following a fall on the school premises.

Lawyer for the mother, Robyn Siljeur, said the boy was injured on February 29 while playing on the school playground. The incident was reportedly caught on CCTV footage, Siljeur said.

A day after the incident, the boy was taken for medical care after complaining of continued pain and discomfort.

Siljeur said the local GP said the boy may have suffered a soft tissue leg injury; however, the pain did not subside.

“On March 2, (he) was still in tremendous pain. Not satisfied with the advice and considering that the boy was in tremendous pain, our client took her son to the emergency room of (a private hospital) for further medical assessment and treatment,” the letter of demand read.

Siljeur said the X-ray assessment at the hospital showed that the boy had fractured his leg in three sections which required him to have a cast on and booked off from school for a month.

Siljeur said the mother had, in the meantime, attended a school meeting where the accident report was made available to her; however, she requested the CCTV footage of the incident.

“(The school) blatantly refused this request and instead our client was informed that (staff) watched the footage and would relay the incident to our client.

“As a result, our client has no knowledge of the actual incident and cause of his fall and injury, save for being advised ... that the boy’s fall was an accident,” legal documents read.

Generation Schools declined to comment when approached.

“We appreciate your interest in this matter. As it is currently part of a pending legal dispute, we are unable to provide any comments or details at this time,” the school said.

Cape Times