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The 1st Public Law Chamber of the São Paulo Court of Justice upheld a decision by the 7th Public Finance Court of the capital, which ordered the Municipality of São Paulo to pay compensation to an 8-year-old child who had part of her finger amputated after an accident on a school ride. The award was R$100,000 in compensation for moral and aesthetic damages, as well as a monthly pension for life, starting from the date the plaintiff turns 14, stipulated at 10% of the minimum wage, according to the ruling handed down by Judge Evandro Carlos de Oliveira.
According to the court records, the accident occurred while the child was playing on a merry-go-round at the municipal school, unsupervised by an employee. Her finger fell into a cavity in the ride, which was spinning at high speed, resulting in the amputation of part of the index finger on her right hand. The Municipality claimed that the accident was unforeseeable and inherent to children's activities, but the reporting judge of the appeal, Judge Magalhães Coelho, highlighted the failure to provide public services, "as the toy was not properly maintained, used, or supervised." "Therefore, there is no way to dismiss the defendant's liability, given that there was no third-party act or exclusive fault on the part of the victim capable of breaking the causal link," the judge concluded.

For more information, see case number 1069707-10.2022.8.26.0053.

Source: TJSP News.
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