Schools owe a duty of care to their students. A right to claim compensation may arise when a student is injured on school premises due to the school’s negligence. School and playground accidents may also include any accidents that occur during day care, after school care, preschool or kindergarten.
Expert School Accident Lawyers
We have lawyers accredited by the Law Society of NSW as Specialists in Personal Injury Law. As the facts of the accident are crucial in proving negligence, our expert lawyers get to work immediately by gathering the necessary evidence. For example, obtaining statements, or the school incident reports through the Government Information (Public Access) Act (GIPA).
The level of supervision provided by the school is often a relevant factor in determining negligence. Schools must have a minimum number of staff supervising the classroom and school playgrounds during school hours. In order to successfully make a claim against the school the claimant must prove that an increased level of supervision (up to a reasonable level) would have been likely to have prevented the accident from occurring.
Faulty School Equipment
Schools have a duty to design, construct, maintain and keep the school grounds and equipment as safe as is reasonable. A claim may be brought against the school in the event that a student is injured due to a defective school building, equipment that is badly designed for use by children, or poorly maintained.
In accordance with the Civil Liability Act, the school may not be held liable if the student was injured whilst engaging in an activity where there is an obvious risk of injury. For example, a student involved in a fight who gets injured may not succeed in their claim due to the obvious risk of being injured in a fight, whether or not adequate supervision was provided by the school.
What happens after settlement? Infant Approval of Settlement
In all matters where the claimant is under 18 years of age, a judge from a court will consider any settlement between the student and the school in order to determine whether it was a fair and reasonable settlement for the child. This added level of protection is to ensure that the future needs of the child have been taken in to account in the settlement amount.
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The above information is general information only. For a free consultation and specific advice regarding your claim from one of our experts please contact us on Free Call 1800 122 555 or complete our Free Advice Form.