Fireworks over flare, fingers
2003-03-11 23:23
Pretoria - A Middelburg mother has launched a R240 000 claim against the Mpumalanga education department and a local primary school after her son lost three fingers in a flare explosion at an athletics meet.
The mother filed her claim in the Pretoria High Court after the accident at the Laerskool Kanonkop in January 2001.
Her son, Gerhard (now 14) had been a cheerleader for the school's Falcons team. According to court documents, a teacher had shown him how to light the flare. After burning for a while, it exploded in his hand.
Parts of his pinkie, ring and middle fingers were amputated. He also suffered cuts and muscle injuries to his hand and received skin grafts.
The mother claims the school and department should ensure that pupils are not exposed to such risks. She says they neglected to check whether the flare was safe.
Her claim includes medical expenses, shock, trauma and a loss of ability to earn a living since his mutilated hand has restricted his choice of profession. A total of R50 000 is claimed for shock suffered by the mother herself.
Her claim is filed against the headmaster, governing body chairperson, teachers and education department.
The school argues that an athletics meeting is classed as an educational activity. According to law, the State assumes responsibility for any damage suffered.
The school denies negligence. Teachers bought the flares from a dealer in town and were not aware that these "harmless" flares were actually dangerous fireworks. They could not have foreseen the accident.
In court documents the education department says Gerhard had been a reliable, intelligent child with leadership qualities. It could not have been foreseen that a harmless torch was likely to explode.
It cannot be deemed irresponsible to entrust a responsible child with a flare.