A JUDGE has thrown out a schoolgirl's damages claim over a PE lesson injury.
Lauren Babbings suffered permanent disablement following the March, 1995, injury at Honley Junior School.
But that did not stop the teenager playing football for Huddersfield Ladies and her high school.
Lauren, now 18, who still bears the scars of the accident, was seeking damages against Kirklees Council but lost the case yesterday at the Court of Appeal.
Lauren had to have wires inserted in her arms to fix broken bones.
But in April this year a judge at Huddersfield County Court dismissed Lauren's claim for damages, ruling staff at the school had not breached their duty of care towards her.
Yesterday that view was backed by Appeal Court judge, Lord Justice Brooke. "How boring things would be if there were no risk," he told the court.
The judge told the court Lauren, eight at the time of the accident and from Honley, was doing a gymnastics exercise in the school gym on March 14, 1995.
She jumped from a springboard and was supposed to grasp a bar six or seven feet above the ground, but missed it and landed on a wooden floor.
The schoolgirl suffered a badly fractured right arm and the court heard she will always have some deformity and disablement.
Barrister Benjamin Caswell argued the school was responsible.
Conceding that "there should not be a risk-free society", he nevertheless argued Lauren was too young to tackle the apparatus, which had been left out after being used by an older class.
Her teacher - praised by Lord Justice Brook as "a man of integrity" - had decided to ask his pupils to do the exercise on the spur of the moment.
Mr Caswell said there was a "reasonably foreseeable" risk of injury, and claimed Lauren, who was suing Kirklees Council, should have had help when landing.
But Lord Justice Brook, who said there was no arguable case that the County Court decision was wrong, observed that Lauren was a sporty girl who was "excited" at the thought of the exercise.
"She liked new challenges; she picked this exercise because it was more exciting than the other three on offer," added the judge, who described Lauren as "agile and well co-ordinated."
Her father, Mr David Babbings, said later the accident had caused problems for his daughter. She had been unable to play some sports but did enjoy football.
Lauren is now a sports sciences student at the University of Huddersfield.