J O U R N A LS C H O O L S

Safety, Health & Welfare at Work Act 2005

Partial Possession of New or Refurbished Property

Automatic Personal Accident Cover for Teachers and other staff

2 EditorialWelcome to another new School Year.

3 Personal Accident CoverWe are pleased to announce anextension of our existing CustodianSchool Protection Policy.

4 Safety, Health & Welfare at Work Act 2005We highlight some of the more significant changes that are in thenew Act.

6 Goalpost Safety GuidelinesWe look at some procedures and practices regarding the safe use of goalposts.

6 Major Fire in BrayA major fire occured in St Gerard’sin Bray in July this year.

7 Safe use of TrampolinesWe look at safety guidelines whichshould be observed when usingTrampolines.

8 Partial Possession of New orRefurbished PropertyWe look at the possible implicationson schools of the occupancy of newschool buildings or extensions priorto final completion of the works bycontractors.

9 Kiwi School TalesWe hear from the winners of the

inaugural Allianz/D.E.S. SchoolLeadership Bursaries.

10 Legal ReviewWe look at some recent school acci-dents which have been settled in theCourts.

11 Allianz Cumann na mBunscolWe look at action from around thecountry.

11 Allianz Junior WhistlersWhistlers meet a hurling legend.

Edito

rial

2 Allianz Schools Journal 02/05

Contents

Cover Picture:

Back to School – another year

in full swing already

Dear Friends

I trust you all had a well-earned breakover the summer months and are nowrefreshed for another challenging andfruitful new school year.

We are pleased to announce that witheffect from 1st September 2005, wehave extended our Custodian SchoolProtection Policy to include PersonalAccident Cover for teachers and otherpermanent employees arising out of anyschool related activity at no additionalcost to your school.

On 1st September 2005, the Health,Safety and Welfare at Work Act 2005came into force. In this issue, we highlightsome of the more significant changes thathave been incorporated in the new Act.

A number of serious injuries and fatalities have occurred in recent yearsas a result of unsafe or incorrect use ofgoalposts. The implementation of someappropriate procedures and practices,which are outlined in this issue, willhelp schools to reduce the exposure tosuch incidents.

We provide some guidelines in relationto the safe use of trampolines in schools.

Also featured is our regular LegalReview column and we report on amajor fire at St. Gerard’s School, Bray.

There are possible serious implicationson schools arising from the occupationof partially completed school buildingspending final completion of the worksby contractors. We highlight the impli-cations of such partial occupation in thecontext of who has the responsibility toinsure such buildings.

From around the country we featurehighlights on Cumann na mBunscoiland the Junior Whistlers. The experiences of the New Zealand model of school leadership from Helen O’Sullivan and Marie Dunphy,

winners of the inaugural Allianz/D.E.S.School Leadership Bursaries, are recorded.

If there is any additional information wecan provide in relation to any articlespublished, or indeed, if you have anyissues you wish to raise, please do nothesitate to contact us.

If you have a query regarding yourschool insurance and wish to contact us by email, our address iseduation@allianz.ie. Please quote yourpolicy number in the subject title of theemail. Our specialist school website iswww.allianz.ie/allscoil.

You can also contact our EducationTeam at 01 613 3941 or your localAllianz Representative.

Yours sincerely

Michael NolanMember of the Board of Management

Edito

rial

Allianz Schools Journal 02/05 3

M ost, if not all schools areaware of our Pupil PersonalAccident scheme, which has

been available to schools for manyyears. A very large number of schools are now participating in thisexcellent scheme.

However, we recognise that it is impor-tant to also provide cover for teachersand other permanent employees. Unlikethe Pupil Personal Accident scheme,

this cover will be provided by an automatic extension of the CustodianSchool Protection policy at no additionalcost to your school.

Excluded ActivitiesAqua-Lung Diving, Flying, Parachuting,Power Boating, Racing other thanauthorised school events, RockClimbing or Mountaineering using ropes and/or guides, Winter Sports, Pot Holing, Motor Competitions, Water Skiing.

The above is a summary of cover and issubject to the terms, conditions andexclusions of the policy.

If you have any queries relating to thepolicy, please contact our SpecialistEducation Team on 01– 613 3941 oryour local Allianz Representative.

Pupil Personal AccidentCover 2005/2006

Win a free set of sponsored jerseys and kit for your school football team.All schools that arrange their PupilPersonal Accident cover via our web-site www.allianz.ie/allscoil prior to 31st October 2005 will beentered into this free draw. So don’tmiss this opportunity to win your school a great prize.

Pupil Personal Accident Scheme2004/2005 Winners

Tarbert National School, Co. KerryPictured below: Brian Tobin, Allianz; Noel Kennedy;

Margaret Scannel, Principal; Denis Gallagher,

Aideen Wall and Roisin Considine.

Personal Accident Cover for Teachers and other Staff at no additional cost to your school with Allianz

We are delighted to announce that we have extended our existing Custodian School Protection

Policy with effect from 1st. September 2005 to include Personal Accident cover for teachers and other

permanent employees arising out of any school related activity at no cost to your school.

Details of Policy Cover:

Bodily Injury Benefit (a)

Death 125,000Total and irrecoverable loss of sight in one eye or use of one limb by physical severance at or above the wrist or ankle 75,000Total and irrecoverable loss of hearing in one ear 7,500Total and irrecoverable loss of hearing in both ears 50,000Total and irrecoverable loss of sight in both eyes or use of both limbs by physical severance at or above the wrist or ankle or permanent total disablement 125,000Medical surgical or dental charges including hospital nursing treatment and ambulance hire not recoverable from any other source 10,000

Details of Policy Cover:

Bodily Injury Benefit (a)

Details of Policy Limits

4 Allianz Schools Journal 02/05

Safety, Health and Welfare at Work Act 2005

The Safety, Health and Welfare at Work Act 2005 came into force on September 1st 2005. In this arti-

cle we highlight some of the more significant changes that have been incorporated in the new Act.

W hile the basic principles ofhealth and safety law areunchanged following the

implementation of the new Act, theSafety, Health and Welfare at Work Act2005 includes many new and moredetailed and stringent provisions thanthe 1989 Act, which it replaces. The2005 Act is longer than the 1989 Act,with 89 Sections as opposed to 61, 7 Schedules as opposed to 5 and 91pages rather than 56.

The more significant provisions of theSafety, Health and Welfare at Work Act2005 are:

(a) Fines of up to a3m and/or up totwo years in jail for serious breachesof health and safety regulations.

(b) Under the 1989 Act the preparationof a Safety Statement was required,irrespective of the number ofemployees. Under the 2005 Act aSafety Statement will still be requiredwhere a school has more than threeemployees. However, a school

which has three or less employeesneed not have a SafetyStatement and will be deemed

to be compliant with thenew Act provided

(i) there is acode of prac-tice that cov-ers the work

activity carriedon in the school,

(ii) the school observesthe code of practice

Under the Act an Employee isdefined as:“a person who has entered into orworks under a contract of employ-ment and includes a fixed-termemployee and a temporary employee.Persons training for employment orreceiving work experience (otherthan present at a study course in auniversity, school or college) shall bedeemed to be employees.”

(c) The introduction of an on the spotfines system for certain safetyoffences, which will be specified infurther regulations.

(d) Drug and alcohol testing for employ-

ees, the procedures for which willbe specified in future regulations.

Note:While from September 1st employees will be under a duty notto be under the influence of anintoxicant to the extent that theyendanger their own or others’ healthand safety, testing for being underthe influence of intoxicants will notcome into force until regulations areintroduced. Similarly, regulationsprescribing the rules on medical fitness assessment and on the spotfines will have to be made beforethese provisions become effective.

In addition to these new provisions, theAct imposes a range of significant dutieson employers, employees and others(manufacturers, designers, suppliers andproperty owners), whose activities mayimpact on or influence workplace healthand safety. Some of these duties areentirely new, others explicitly statewhat was implied under the 1989 Act,while yet more specify more detailedobligations than those which were spec-ified in the old Act.

(a) EmployersThe significant duties imposed onemployers are to:• manage health and safety • ensure, in so far as is reasonably

practicable, the prevention of risk toemployees’ health from exposure tonoise, vibration or ionising or other

Allianz Schools Journal 02/05 5

radiation or any other physical agent • provide employees with training,

information and supervision in aform, manner and, as appropriate, alanguage that is reasonably likely tobe understood

• provide training on the commence-ment of employment, in the event ofa transfer or change of task, or theintroduction of new systems of workor technology

• inform employees of emergenciesand serious, imminent or unavoidable dangers and to takeaction and instruct employees tostop work and/or leave the place ofwork and proceed to a safe place

• when appointing competent person(s), to ensure the numberappointed and the time available tothem is adequate – having regard tothe size of the workplace, the risksto which employees are exposed andthe distribution of those risks in theplace of work – and to provide thecompetent person(s) with information on the factors that affect health and safety

• review risk assessment and safetystatements when there has been asignificant change or there is anyreason to believe the risk assessmentis no longer valid and, following thereview, to implement amendmentsas appropriate

• bring safety statements to employees’ attention on commencement of employment and annually thereafter, and havethe safety statement, or a relevantextract from it, available in every workplace

• require employers from whom theycontract services to have an up-to-date safety statement

• co-operate with other employerswhere workplaces are shared.

(b)EmployeesThe new duties imposed on employees are:• not to be under the influence of

an intoxicant to the extent that they endanger their own or otherpersons’ safety

• to submit to tests for intoxicants, ifreasonably required, with the testscarried out by or under the supervision of a registered medicalpractitioner, who is a competent person (this provision will come intoeffect after regulations specifyingtesting procedures are adopted)

• to attend training • if they are suffering from a disease

or illness that adds to risks, to telltheir employer.

Significant amongst the many definitions in the Act are the definitionsof “Competent Person” and“Reasonably Practicable”.

(a) Competent person A person is deemed to be competentwhere, having regard to the task heor she is required to perform andtaking account of the size or hazards(or both of them) of the undertakingor establishment in which he or sheundertakes work, the person possesssufficient training, experience andknowledge appropriate to the natureof the work to be undertaken.Account shall be taken, as appropriate of the framework ofqualifications referred to in theQualifications (Education andTraining) Act 1999.

(b)Reasonably Practicable Reasonably Practicable means, inrelation to the duties of an employer,that an employer has exercised alldue care by putting in place the necessary protective and preventative measures, having identified the hazards and assessed

the risks to safety and

health likely toresult in accidents or injury to healthat the place of work and where theputting in place of any further measures is grossly disproportionate,having regard to the unusual,unforeseeable and exceptionalnature of any circumstances oroccurrence that may result in anaccident at work or injury to healthat that place of work.

The Act also specifies the role and functions of the Health and SafetyAuthority (HSA) and details theAuthority’s enforcement powers. It categorises health and safety offencesinto two categories, serious and lessserious, and sets out the penalties forbreaches of health and safety legislation.

The foregoing is a brief summary of themore significant changes that have beenimplemented under the auspices of thenew Act. A more detailed documentoutlining the significant changes thathave been incorporated in the Safety,Health and Welfare at Work Act 2005are available from our Education Teamor your local Allianz Representative.

6 Allianz Schools Journal 02/05

T he under noted procedures shouldbe implemented and followed atall times as a minimum. Any

additional guidelines specified by theManufacturers must also be followed.

1. For safety reasons goalposts of anysize (including those which areportable and not installed permanently at a pitch or practicefield) must always be anchoredsecurely to the ground.

2. Regular inspections of goalpostsshould be carried out to ensure thatthey are properly maintained.

3. Any damage or defect that is identified must be appropriatelyrepaired immediately. If this is notpossible then the goalposts must beremoved until the damage or defecthas been appropriately repaired, or ifnecessary replaced.

4. Under no circumstances shouldchildren or adults be allowed toclimb, swing or play on the structures of the goalposts.

5. Portable goalposts must:(a) Be properly assembled and

secured in accordance with theManufacturer’s guidelines.

(b) Be secured by the use of chainanchors or appropriate anchorweights to prevent them fromtoppling.

(c) Not be left in place after use. Theyshould be dismantled and removed

to a place of secure storage.

6. It is strongly recommended that netsshould only be secured by plastichooks or tape and not by metal cuphooks. Any metal cup hooks shouldbe removed and replaced. New goalposts should not be purchased ifthey include metal cup hooks thatcannot be replaced.

7. Goalposts that are “home made” orthat have been altered from theiroriginal size or construction shouldnot be used. These have been the cause of a number of deathsand injuries.

8. Guidelines to prevent toppling: (a) Follow the Manufacturer’s guide-

lines in assembling goalposts. (b) Before use, adults should:

(i) ensure each goal is anchoredsecurely in its place

(ii) exert a significant downwardforce on the cross bar

(iii)exert a significant backwardforce on both upright posts

(iv)exert a significant forwardforce on both upright posts

in order to establish that thestructure is secure. If not, alternative goals/pitches must be used.

Safety is of paramount importance inthis matter and it is essential that every-one must play their part to prevent the occurrence of any further tragicincidents in the future.

Goalpost Safety GuidelinesA number of serious injuries and fatalities have occurred in recent

times as a result of unsafe or incorrect use of goalposts. The

implementation of appropriate procedures and practices will help

Schools to reduce the exposure to such incidents.

Major Fire at St. Gerard’sSchool in BrayA major fire occured at

the premises of St. Gerard’s

School in Bray Co. Wicklow

on Thursday the 28th

of July 2005.

T he building damaged by the firewas the original building on thissite and is a “protected structure”

under the terms of the Planning Act2000. The fire was discovered at 5.45p.m. by the School Security Guard andFire Brigade Units from Bray, DunLaoghaire and Donnybrook attendedthe scene. As can be seen from the photograph, damage to the house wasvery severe with the roof collapsing andextensive internal damage has beencaused due to direct fire attack and saturation by water in extinguishmentcoupled with torrential rain. Initialinvestigation suggest the cost of reinstatement will be very substantial.

Allianz Schools Journal 02/05 7

Safe use ofTrampolinesIn the past twelve months there hasbeen a noticeable increase in the use oftrampolines in schools, unfortunatelyaccompanied by a correspondingincrease in claims notifications. Themain causes of injuries are:• bouncing/falling off the trampoline

onto the ground • being hit by other children • falling awkwardly

Many of these accidents could be avoid-ed by effective adult supervision.Consequently use of trampolines mustnot be permitted without appropriateadult supervision.

In addition to the provision of effectivesupervision, the following guidelinesshould be observed:1 As a significant number of injuries

occur when more than one child ison the trampoline, use should berestricted to one child at a time.

2 Children under 6 are particularlyvulnerable and it is recommendedthat a minimum age of at least 6applies in respect of children usingtrampolines.

3 The area around the trampolineshould be clear of objects and thetrampoline should not be near fences,trees, or other school equipment.

4 Use a frame pad that fully covers the entire spring system and ensurethat this is securely fixed againstmovement.

5 Ensure a minimum fall height if achild comes off the trampoline. Thiscan be accommodated by:• Setting the trampoline in the

ground (but you need to allowfor good air flow both to enablethe trampoline to work properly

and also to allow for drying)• Providing strong side netting

(to BS 8409) to prevent usergoing off the side. Where net-ting is provided this shouldextend to a height of 5m abovethe trampoline surface.

6 Ensure that the ground around thetrampoline has an impact-attenuatingsurface that meets the HIC require-ments of BS EN1177. The surfaceshould extend for 2.5m all round thetrampoline. (BS EN1176 require-ment for a fall height from 3m).

7 If the trampoline is raised above theground then measures should be putin place to prevent children notusing the trampoline from enteringthe impact area and especially fromgoing under the trampoline.

8 Users should be required to removeall watches, jewellery etc (includingear studs etc). Clothing should nothave any hard or sharp points (buck-les, toggles etc) or anything that isgoing to catch. They should notwear hard shoes and any socksshould be non-slip.

9 Where a facility is required for useby more than one child at a time an inflatable unit rather than a trampoline is recommended.

10 Never allow a child to exit the trampoline by bouncing off.

11 The area under the trampoline shouldbe kept free of litter etc at all times.

12 Food and drink should be kept wellaway from the area.

13 On raised trampolines childrenshould be encouraged to get on andoff the trampoline with their stom-ach facing the trampoline.

14 If outdoors, muddy footwear shouldbe removed before entering the area(this includes impact-attenuating sur-

face) – seealso 8 above.

15 Children shouldbe encouraged to under-

stand their limitations andnot to try skills/movesbeyond their ability or experi-ence.

16 The following should be checked reg-ularly and certainly before first use:- • Wear on the bed for damaged or

thin areas• Loose stitching or damaged

breaks in webbing• Uneven or high tension• All springs or cables should be in

place and undamaged with anyhooks facing downwards.Stretched springs or cablesshould be replaced immediately

• Frame pads should be checkedfor damage and security of fixing

• Impact attenuating surfacesshould be checked for damageand cleanliness

• Joints, chains and leg bracesshould be checked for securityand possible damage

17 Damaged equipment should betaken out of use immediately

18 It is recommended that childrenshould not be allowed excessive timeon the trampoline without a break.Untrained users do not have themuscle strength for long periods. 90seconds is a recommended maxi-mum time for usage without a break.

19 All trampolines manufactured from2001 onwards should meet BS EN13219:2001 Trampolines.

20 When not in use trampolines should be secured to prevent unauthorised use.

The implementation of procedures in rela-tion to the use of Trampolines by schoolsbased on the forgoing will, we feel, havea positive impact on the number of claimsarising from such equipment.

8 Allianz Schools Journal 02/05

Note: Within this article,• The term Employer refers to the

School• RIAI means The Royal Institute of

Architects of Ireland• GDLA means Government

Departments and Local Authorities

Arising out of some recent claimsinvolving damage to Buildings whichhave been partially occupied by schoolspending final completion of the worksby Contractors, it has become apparentthat schools are unaware of the implications of such partial occupationin the context of who has the responsibility to insure such Buildings –i.e. the school or the Contractor.

The problem with Partial Possession in Building Contracts stems from a misconception that a PossessionCertificate must be issued by theArchitect before responsibility for insuring the portion being handed overtransfers to the Employer. There arehowever circumstances where, once aportion of the works is taken into useby the Employer, it immediatelybecomes their (the Employer’s) responsibility to insure such property. Inthe following paragraphs we look at thestandard clauses applicable to PartialPossession in Building Contracts andtheir interaction with the Contractorsown insurance coverage.

While each building contract is unique,they generally follow either the RIAI orthe GDLA forms of contract. Both theRIAI and the GDLA deal with partialpossession in similar fashion and for thesake of ease we will concentrate on theRIAI form of contract which is the mostcommon form in use.

Clause 32(A) of the RIAI deals withPartial Possession and reads as follows

“32(A) If at any time or times beforePractical Completion of the Worksthe Contractor consents to the taking into possession of any part orparts of the Works (“the Relevant

Part”) either by way of partial possession or by way of phased possession in accordance with theContract Documents by or on behalfof the Employer then:(i) at least 3 (three) days prior to

such taking of possession by oron behalf of the Employer, the

Partial Possession of New or Refurbished Property

Allianz Schools Journal 02/05 9

L-R: Allianz Board of Management’s Michael Nolan, and Brigid

McManus, Secretary General D.E.S. accepting copies of Bursary

recipients – Helen O’Sullivan and Marie Dunphy – study visit’s

Report on the New Zealand model of school leadership.

Kiwi SchoolTales as heard in BurlingtonHouseOn 23rd May last, Allianz hosted areception at its Burlington House HeadOffice for D.E.S and IPPN officials tohear the experiences of the NewZealand model of school leadershipfrom Helen O’Sullivan and MarieDunphy, winners of the inauguralAllianz/D.E.S. School LeadershipBursaries.

With fascinating and insightful pictorialimages, Helen and Marie - Principals ofHoly Rosary School, Wicklow and St.Fergal’s JNS, Bray respectively – relatedtheir three weeks’ findings and experi-ences of visiting over 25 schools “DownUnder” to IPPN officers and senior rep-resentatives of D.E.S. and Allianz.

Both Principals subsequently presentedcopies of their study visit’s Report toAllianz’s Michael Nolan and D.E.S.Secretary General, Brigid McManus.

Architect shall issue a certificate(“the Possession Certificate”)describing the Relevant Part andcertifying his estimate of the percentage which the value ofthe Relevant Part as at the dateof possession bears to the valueof the Works including variations instructed or authorised by the Architect (“theRelevant Percentage”)

(ii) without prejudice to sub-clause23(d) and clause 32(B) theRelevant Part and contents there-of shall as from 2 (two) daysafter the date of the PossessionCertificate be at the sole risk ofthe Employer as regards any con-tingencies required to be insuredunder sub-clause 22(b) (i) or (ii)and the reinstatement cost of theWorks to be insured under sub-clause 22(b) shall be reducedby the Relevant Percentage”

Effectively what Clause 32(A) means isthat where a portion of the contractworks is certified as complete by theArchitect the obligation to insure suchcertified portion transfers to theEmployer, two days after the certificateis issued by the Architect, and theArchitects will generally advise you ofyour increased obligations.

However, problems tend to arise whena Possession Certificate is not issued bythe Architect, but a portion of theworks is taken into possession by theEmployer. Clause 32(B) of the RIAI contract deals with this scenario. Clause 32(B) states, inter alia:

“If any damage or destruction shalloccur to the Works or Ancillary Itemswhich is not effectively insured bythe All Risks insurance policy undersub-clause 22(b) (i) or (ii) by reason ofthe use, occupation or possession of thewhole or any part of the works by or on

behalf of the Employer, the Employershall have no claim against theContractor for such damage, loss ordestruction whether or not due to anynegligence, omission, default or breachof statutory duty of the Contractor, Sub-Contractors (of any tier) or theirservant or agents”

The key words in this clause are highlighted in bold. They become keybecause of the standard exclusion inContractors All Risks policies whichreads as follows:-

“The Company will not indemnify theInsured in respect of loss or damage tothe Contract Works or any part thereofor other Property Insured relative there-to which is in use with the permissionof the Insured for any purpose otherthan the performance of the Contract”

What this means therefore, is that if aportion of the works (irrespective ofwhether or not a Possession Certificateis issued) is handed over to theEmployer or is taken into use by theEmployer, then loss or damage to suchportion is excluded by theContractors All Risks policy as it is in use for a purpose other than the completion of the Construction contract.Consequently the works are not insuredby the Contractor’s policy and unlessthe Employer has added the value ofthe portion in use to their own MaterialDamage insurance covers, there is a gapin cover with the portion in use noweffectively uninsured.

Therefore, where a school decidesto take Partial (or indeed Full)Possession of such a Property, it isessential that they advise theirInsurer prior to doing so, to ensurethat appropriate insurance cover isput in place. As we have alreadysaid, failure to do so could result inthe Property being uninsured.

10 Allianz Schools Journal 02/05

Case 1This claim arose following a fightbetween two fifteen year old pupils.During the course of a school day, itwas raining heavily outside and allpupils were told to stay in the schoolbuilding. They were not permitted inthe classrooms. However, a number ofpupils, including the Plaintiff, ignoredthis instruction and went into a class-room. While trying to enter the class-room, the Plaintiff had a disagreementwith another pupil who struck himcausing damage to four of his teeth.High Court proceedings were issuedand the case came for hearing beforeJudge Lavan. It was his view that thiswas an unforeseeable incident and thatsupervision on the day was adequate(the classrooms should have beenempty) and the school were not liable.In his view, the Plaintiff should havesued the Third Party who caused theinjury to him and dismissed the claimagainst the school.

Case 2The Plaintiff herein was involved in awarm up exercise prior to badmintontraining. The session was supervised bythe PE Teacher. The exercise requiredthe Plaintiff to run between two poststhat were approximately 24 inchesapart. During this exercise the Plaintifffell injuring her foot. By admission during evidence, the Plaintiff confirmedthat she had carried out this exercisemany times with no difficulty and didnot consider it a hazardous exercise.Judge Lindsey found that there was sufficient room for the Plaintiff to passbetween the posts and it was her viewthat the Plaintiff had failed to prove

negligence against the school. The claim was dismissed.

Case 3In this case, a number of Pupils wereasked to assist in the lifting of heavygoalposts. During the act of lifting thegoalposts, another pupil lost his grip andthe posts fell catching the Plaintiff’shand in the process. He suffered a crushinjury to his finger with resulting loss oftissue, scarring and a deformed nail.This case was heard in front of JudgeO’Sullivan as an assessment only. ThePlaintiff was awarded a24,320.00

Case 4The Plaintiff in this matter was wearinginappropriate footwear and was senthome to change her shoes. On the wayout of the school she was bitten on theleg by a stray dog. The case ran to a fullhearing under Judge O’Sullivan whowas of the view that the school was notin any way negligent and dismissed thePlaintiff’s claim.

Case 5The Plaintiff in this matter was caughtabsconding from school. He was giventhe choice of detention or assisting theCaretaker in removing chewing gumfrom the underside of the school desks.He volunteered to assist the Caretakerand was given a paint scraper to assisthim in the job. During the course ofcleaning a desk he caught his thumbwith the scraper causing a lacerationthat required eleven stitches and lefthim with a scar. The claim was settledfor a17,500.00.

Case 6The Plaintiff in this matter was a sixthyear student and as such was accordedthe privilege of staying in their classroom during break times unsupervised. During lunchtime, another sixth year student entered theclassroom, walked up to the Plaintiffand without warning struck him a blowto the face causing a fracture to hisnose. The defence on behalf of theschool was that this event was totallyunforeseeable and was completely outof character for the offending pupil.Neither pupil had a history of disruptivebehaviour. It transpired that they had a disagreement in the corridor earlier inthe day. Judge O’Hagan accepted thedefence of the school and dismissed the Plaintiff’s claim.

Prefabricated Classrooms and Portacabins

As is the situation with newly acquiredextensions to schools, it is essentialthat schools advise their Insurer of any newly acquired prefabricated classroom and portacabin units.

Whilst there is a growing practice ofsuch units being hired by schools as ameans of providing temporary class-room facilities, School Management is obliged to insure such structureswhilst in their possession.

In addition, schools should also checkto ensure that all existing prefabricatedclassroom and portacabin units arepresently insured.

Legal ReviewWe continue our review of some school accidents which have been settled in the High Court

& Circuit Courts in the last 6 months.

Allianz Schools Journal 02/05 11

DublinAllianz Hurling & Camogie FinalsCroke ParkCorn Marino – Ballyroan BS Corn Olly Quinlan – BaysideCorn Johnson Mooney & O’Brien –

Scoil Lorcáin, Monkstown Corn Herald – St. Colmcille’s SNS,

Knocklyon Corn Nuri – Mary’s Corn Bn Uí Phuirséil – Bishop Galvin

N.S. Templeogue Corn Harry Conlon – Scoil Oilibhéir,

Coolmine Corn Frank Cahill – Réalt na Mara,

Sandymount

Up NorthKilkenny hurling star Tommy Walshattended the Armagh Cumann namBunscol hurling coaching evening inSherry’s Field in Armagh. All who par-ticipated had a great time and picked upsome great tips from the Kilkenny man.

WaterfordCongratulations to Bunscol Bothar naNaomh Lismore who recently becamethe Mini 7’s Champions 2005. They beata very good Kilrossanty team in the final.

TipperaryRoinn A of the Senior Hurling competi-tion got off to a flying start this summerfor Dromakeenan NS when they beatNenagh CBS by 1-7 to 0-3 in Roscrea.

Roinn B saw mixed fortunes for theUpperchurch NS team when they wonconvincingly against Templemore onlyto have the tables turned by Holy CrossNS in the following match. On theother side of the Roinn B senior hurlingcompetition, SS Peter and Paul’s NS hada titanic struggle against rivalsKnockavilla NS in a game where thewind was a major player.

In Roinn C, Gaelscoil Durlas have had a

very good start drawing against CashelNS and winning against Killenaule NS. Grange NS are one of the strong con-tenders on the other side of this RoinnC competition. They took on Cahir BNSrecently and came away with a sixpoint victory.

In Roinn D, Fethard BNS had initial suc-cess beating Drangan NS convincinglyin the Barracks Field, Fethard.Boherlahan NS had the upper handagainst them in the second game how-ever.

LouthCongratulations to the following whowon their respective Mini Sevens 2005titles in Louth.Presentation Girls Ballymakenny,Drogheda winners of the Mini SevensGirls Football 2005. Knockbridge NSwinners of the Louth INTO/GAA MiniSevens Boys Football 2005.

Allianz Cumann na mBunscol Round UpAs we are settling in to another school year we would like to congratulate all the participants and

their teachers in the finals all around the country this summer.

Allianz Junior WhistlersThe Allianz sponsored ‘Junior Whistlers’refereeing scheme run by Cumann namBunscol, Áth Cliath, is a resounding suc-cess. Lots of boys and girls from primaryschools throughout Dublin city and coun-ty have been trained in effective refereeingtechniques in a unique training pro-gramme that has been lauded by mem-bers of the National Referees’ Association.Cumann an mBunscol PRO, Jerry Grogan,believes the scheme has been an extraor-dinary success, “It has enabled children toview our games from a totally differentperspective. They now realise how diffi-cult and challenging it can be to referee afast-moving, physical-contact sport.”

The Kilkenny Hurling Manager Brian Cody with Allianz Junior Whistlers, left to right, Paul Gallagher, aged 12, Holy Trinity N.S.,

Bambi Fasanya, aged 11, Donaghmede N.S., Joseph McCarthy, aged 12 and Niamh Fallon, aged 11, both from St. Helens, Portmarnock.

1800 22 99 001800 22 99 00Allianz Ireland p.l.c. trading as Allianz Direct is regulated by the Financial Regulator.

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