Schools and playgrounds are meant to be safe environments where children can learn, grow, and play. Unfortunately, accidents can and do happen—sometimes with serious consequences. When an injury occurs due to negligence by a school, childcare provider, local council or equipment manufacturer, parents may be entitled to compensation on behalf of their child under New South Wales (NSW) law.
At Law Advice, we assist families across NSW in pursuing claims where preventable injuries have occurred in educational and recreational settings.
Who is Responsible for Child Safety?
In NSW, schools, day care centres, and local councils have a legal duty of care to take reasonable steps to prevent foreseeable harm to children in their care. This duty is both statutory and common law based.
Failure to provide adequate supervision, maintain safe play equipment, or manage hazards on school grounds may amount to negligence. If this negligence causes injury, a parent or guardian can make a personal injury claim on behalf of the child.
Key Responsible Parties May Include:
- The school or Department of Education (for public schools)
- Private schools or their operators
- Local councils (for public playgrounds and parks)
- Childcare centres and early learning services
- Equipment manufacturers (in cases of faulty or defective playground structures)
Common Examples of School and Playground Injuries
According to the NSW Public Schools Work Health and Safety Report (2023), slips, trips and falls are the leading cause of reported student injuries. Other common incidents include:
- Falls from playground equipment due to poor design or lack of maintenance
- Cuts, lacerations, or fractures from unsafe or broken equipment
- Sports injuries during inadequately supervised activities
- Injuries caused by bullying or unsafe peer interactions
- Exposure to environmental hazards (e.g., hot surfaces, sharp objects)
Can You Claim Compensation for Your Child’s Injury?
If the injury was caused or worsened by negligence, you may be able to pursue a public liability claim under the Civil Liability Act 2002 (NSW).
Compensation May Cover:
- Medical and hospital expenses (current and future)
- Pain and suffering
- Permanent impairment
- Loss of future earning capacity (if the injury has long-term effects)
- Costs of psychological treatment or counselling
- Out-of-pocket expenses incurred by the parent or carer
In most cases, claims are lodged by the parent or legal guardian acting on the child’s behalf.
How Long Do You Have to Make a Claim?
Under the Limitation Act 1969 (NSW), the standard limitation period for personal injury claims is three years from the date of discoverability. It is still advisable to seek legal advice early, as evidence such as witness statements, photographs, or incident reports is more accessible shortly after the event.
How Do You Prove Negligence?
To succeed in a claim, the injured party must prove:
- A duty of care existed – The school, council or operator had a legal obligation to keep your child safe.
- That duty was breached – Through poor supervision, maintenance failure or lack of safety policies.
- The breach caused injury – There must be a direct link between the negligence and the harm suffered.
In many cases, this will involve a review of school policies, maintenance records, incident logs, witness reports and medical evidence.
What if the Injury Occurred at a Public Playground?
If your child was injured at a council-run park or playground, the local government authority may be liable under public liability law. Councils must inspect, repair and maintain playgrounds to safe standards as per Australian Playground Standards (AS 4685 series).
If they fail to take reasonable care, and this results in injury, a public liability claim can be brought against the council’s insurer.
Do You Need a Lawyer?
While you can submit your compensation claim by yourself, these cases can be complex and are often defended vigorously by school insurers or local councils, so the help of an expert can improve your chances of success. At Law Advice, our expert personal injury solicitors can assist you with:
- Assess the strength of your claim
- Gather medical and legal evidence
- Engage safety experts if needed
- Handle negotiations with insurers
- Take the matter to court if necessary
We work on a no win, no fee basis, meaning you only pay if we succeed in securing compensation for your child.