Lajeado student will receive compensation and lifetime pension after school accident

Lajeado student will receive lifetime pension and compensation of R$66,000 after school accident

The 9th Civil Chamber of the Court of Justice of Rio Grande do Sul (TJRS) decided that the State must pay a lifetime pension, in a single installment, and compensation of R$ 66 thousand for moral and aesthetic damages to a young woman who suffered an accident in from a state elementary school in Lajeado, in 2016. The student, who was 12 years old at the time, fractured the femur in her right leg when she fell from a chair she shared with a classmate.

After the incident, the student underwent two surgeries, one the day after the fall and another three months later, to correct a sequelae in her hip. Initially, requests for compensation for moral, material, aesthetic damages and pension were partially accepted, with denial regarding pension and aesthetic damages. The hospital involved was also exempt from liability.

However, when appealing the sentence, the author requested an increase in compensation, while the State argued that the damage was caused by a third party and that the accident was unpredictable. Judge Eugênio Facchini Neto, rapporteur of the appeal, maintained the decision in relation to the hospital, but highlighted the State’s responsibility for what happened, considering that the incident could have been avoided.

The judge emphasized the consequences suffered by the author, such as a limp, and the limitation in her future professional choices due to the 18.75% reduction in her work capacity. Therefore, the lifetime pension was established based on the percentage of the loss suffered, calculated on the national minimum wage.

The decision highlights the State’s responsibility in ensuring the safety of students within educational institutions and reinforces the importance of surveillance and prevention of accidents in school environments.