Paintbrush father sues for £2.5m

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The father of a primary school pupil who lost his sight in one eye in a classroom accident is suing the local education authority for £2.5m.

Thomas Brown fell onto a classmate's paintbrush in the incident at Ladywell Primary in Motherwell in April 2003.

The Court of Session in Edinburgh heard that it penetrated his left eye and brain, leaving him with disabilities.

North Lanarkshire Council maintains that it was not foreseeable that an injury of that magnitude would occur.

Thomas, who is now 17, was 10 at the time of the accident.

The court heard that he and other pupils were painting on sheets of paper on the floor of the classroom, preparing scenery for a school performance, and had been equipped with long, thin paint brushes with pointed ends.

There is no report of any similar accident having occurred in any school in the UK, either before or since this accident. North Lanarkshire Council

Thomas was kneeling over a picture when a girl knocked into him and he fell onto the end of another pupil's brush.

One of the teachers supervising the pupils told the hearing she had never heard of such an accident before or since the incident.

She said: "We thought we had minimised the risk, but obviously we had no reason to imagine something as horrible as happened."

The schoolboy spent more than a month in hospital after the accident.

His father Christopher Brown is seeking compensation in an action that alleges that the prospects of his son obtaining employment are remote because of "his significant cognitive impairment", and that it is unlikely he will be able to live independently in future.

It is claimed Thomas has no sight in his left eye and has been left "with a number of permanent disabilities".

Common practice

An accident investigation report said children could have been provided with a safer design of paintbrush which was shorter and thicker.

A statement from North Lanarkshire Council said: "There is no report of any similar accident having occurred in any school in the UK, either before or since this accident.

"At the time it was common around the world for schoolchildren to work with pencils, pens and thin paintbrushes at floor level."

The local authority maintains that prior to the accident no reasonable risk assessment would have identified any realistic risk of it occurring.

It claims it fulfilled its duties of care.

The council also maintains that the sum sued for in the action is excessive.

The hearing before judge Lady Dorrian continues.