Global InformationMurphy v County Wexford VEC information
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| Murphy v County Wexford VEC | |
|---|---|
 Coat of arms of Ireland | |
| Court | Supreme Court of Ireland |
| Full case name | Kenneth Murphy v. County Wexford VEC |
| Decided | 29 July 2004 |
| Citation(s) | [2004] IESC 49; [2004] 4 I.R. 202 |
| Transcript(s) | https://www.bailii.org/ie/cases/IESC/2004/49.html |
| Case history | |
| Appealed from | High Court |
| Appealed to | Supreme Court |
| Court membership | |
| Judges sitting | McGuinness J. Fennelly J., McCracken J. |
| Case opinions | |
| School Authorities owe a duty to those pupils to take reasonable care to ensure that the pupils do not suffer injury | |
| Decision by | McCracken J. |
| Concurrence | McGuinness J., McCracken J. |
| Concur/dissent | Fennelly J, |
| Dissent | Fennelly J. |
| Keywords | |
| Personal Injruies, liability, Duty of care | |
Murphy v County Wexford VEC [2004] IESC 49; [2004] 4 IR 202[1] is an Irish Supreme Court case concerning a personal injury case appealed to the Supreme Court from the High Court. The plaintiff suffered serious injuries as a result of "horseplay."[1] The Court held there was a duty of care on the VEC to provide supervision at lunchtime."[2] Despite having implemented steps to control such behaviour, it was found that the defendants/appellants failed in their obligations towards the plaintiff/respondent.[1]
The court found the extent of supervision would depend on different factors, including:[3]
- the age of the pupils;
- the place where they gather;
- the number of students present; and
- the likelihood that students may act dangerously.[1]
The courts have said that schools can have physical sports and games as long as the games are risk-assessed, guided, and the right instructions are given.[3]
The cases that have been brought before the courts show how important it is for schools to do risk assessments for things their students do at school. These reviews should list all risks that the school thinks are likely and include a plan for how to deal with them. If an expert opinion as to the suitability of any particular equipment or game is required, this should be asked for.[3]
Schools should also make sure that there is enough guidance, taking into account the age of the students and the activity that will be carried out. If the school has a schedule for keeping an eye on the pupils, it should be followed strictly.[3]
- ^ a b c d "Murphy v. County Wexford VEC [2004] IESC 49 (29 July 2004)". www.bailii.org. Retrieved 2023-04-16.
- ^ "Choc bar student can keep ?50,000 award". Independent.ie. 29 July 2004. Retrieved 2019-11-22.
- ^ a b c d Cite error: The named reference
:2was invoked but never defined (see the help page).