It’s an unfortunate reality that many injuries occur in the schoolyard or classroom. Bullying is also commonplace in Australian schools and can lead to psychological trauma. Parents whose children have been the victim of such circumstances often seek assistance in the form of compensation when their children have been injured on school premises. If this is you, continue reading the blog post below to help determine if you are eligible for compensation resulting from your child’s school injury. We discuss who is liable for injuries sustained at school, who can receive compensation and how the legal process works.
Who Is Liable For Schoolyard Injuries?
Schools legally owe their students a ‘duty of care’: a guarantee that their wellbeing will be taken care of and their safety ensured. Slips, trips and falls are relatively commonplace in the schoolyard, however, if they occur due to negligent practices on the part of teachers or other staff, parents or guardians of the child who has suffered an injury may be able to receive compensation. In plain English, teachers who are responsible for supervising children and their employers are liable for schoolyard injuries.
Who Can Receive Compensation?
In the event that a serious injury occurs under the supervision of staff employed by a school, the parents of the injured child may be entitled to compensation. This sentiment holds true if the parent or guardian of an injured child is able to prove that their child’s injury could have been prevented with appropriate supervision. For example, if your child has fallen off equipment, tripped on uneven ground, cut themselves due to a lack of supervision or has been a victim of bullying, you may be eligible for compensation.
How the Legal Process Works
If your child has been injured at school and you believe that the injury could have been prevented with appropriate supervision, you should collect as much supporting evidence as you can. This can take the form of statements from witnesses, medical reports and photographs of the location of the injury and the injury itself. It’s also crucial to take a record of the school’s response to your child’s injury. A magistrate will review supporting evidence carefully when making a decision to award compensation or not. In the event compensation is awarded, the parents of the injured child will be awarded the cost of all fees associated with the incident. It’s best practice to contact your local public liability lawyer if your child has been injured at school – they will be able to advise you on the best way to handle the incident and can help you gain the compensation you’re entitled to.
Call Tony Love Lawyers Today
For all of your public liability claims and queries, get in touch with Tony Love Lawyers. We are a team of lawyers you can trust, with over 25 years of experience in injury litigation.