The duty which applies here is similar to that owned by any owner or occupier of any business premises upon which members of the public may enter, i.e., to design, construct and keep the premises safe as reasonable prudence can make them.

The duty is higher; however, for schools, given the young age and known plenty of students.

It is recommended to speak to our Public Liability Lawyers to discuss how to take the best course of action regarding University & School Injury Claims.

While children are at school during school hours, under the control and supervision of their teachers, those teachers have a legal duty of care to ensure, as far as reasonably possible, that all reasonable precautions have been taken to prevent foreseeable dangers and potential injuries.

Childish horseplay is one such foreseeable danger.

If a school can show that it has a generally well-designed, well promulgated and well-implemented system of supervision, covering reasonably foreseeable eventualities and providing plans for contingencies, then proving a breach of duty by that school can be an uphill battle.

In deciding what standard of care teachers should display in supervising children, the factors of age, capacity, intelligence, handicap, inherent risks in the situation and the teacher’s prior knowledge and experience of the student’s behaviour will all be relevant.

Speak to our Public Liability Lawyers to see what available options you are entitled to regarding University & School Injury Claims.

There is no absolute duty to supervise children at all times. There is no fixed and predictable teacher-student supervisory ratio.

There is no ratio of safe supervision, and each case will depend on its facts, including the age of the children, the total number of children, the activities in which the children are participating, the intellectual capacity or handicaps of the children, the potential hazards of the event and experience of the behaviour of the children.

If children are allowed into a school ground, there is a duty of care established, and some level of care (and usually, supervision) becomes necessary.

If exceptional circumstances of risk are known (or ought to be known) to the school authorities, then the duty of care and the need for supervision may extend beyond the school ground.

For example, when a student waits at a bus stop, and it is known that students from another nearby school have a habit of bullying younger students, an injured student’s school was held liable after the student was pelted in the eye with a stick.

In circumstances where it is known that the children will be on the school grounds before and after school hours, the school may be liable for non-school-hours injuries.

To recover damages for inadequate supervision, it is necessary, in addition to negligence, to prove that an increased level of teacher supervision to a reasonable level would have been likely to have prevented the injury.

If you are not sure if your University & School Injury Claims are worthwhile, contact our Public Liability Lawyers, and we will help assess your needs and eligibility for our no-win no-fee service.

There are statutory provisions, such as those relating to workplace health and safety, which can also aid in a finding of negligence against educational authorities’ liability for school injuries.

Incident reports at state schools and public institutions can be accessed through a freedom of information (FOI) request addressed to the school.

Don’t delay in getting in touch with our Public Liability Lawyers regarding University & School Injury Claims. Carter Capner Law is here to help you with your claims. For free, no-obligation chat, call our no win no fee lawyers to discuss your situation regarding University & School Injury Claims today. We have offices across Brisbane and service all of Queensland.

Teachers are not expected to prevent all misbehaviour by pupils. Still, where injuries are inflicted by one pupil on another through lack of control, this may be a negligent breach of the duty of care.

For example, where a pupil strikes another pupil where there were clear previous indications of unruly misbehaviour, the educational authority may be in breach of the duty to provide reasonable supervision. Speak to one of our Expert Public Liability Lawyers to discuss University & School Injury Claims.

Every situation is different. In University & School Injury Claims, we need to carefully consider the following:

• how the accident occurred;
• whether any element of the design or construction fell below reasonably acceptable standards;
• whether there had been a reasonable period of time within which the defect or to have been rectified; and many other things.

It all depends on the success of your University & School Injury Claims, which will depend on the quality of your evidence and the case you make when you make a claim.

Someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their life.

As is the case in other situations, the right to claim damages for injury depends on the circumstances, and the basic five elements must be proved:-

• extent of duty owed;
• breach of duty;
• pre-existing health prior to the accident;
• pre-accident lifestyle;
• injury complained of has been caused by that breach.

The amount of compensation also is determined by the following:

• General damages (loss of enjoyment in life due to suffering);
• Out-of-pocket expenses (medical bills, rehabilitation costs);
• Any loss of income and superannuation contributions;
• Potential medical or personal care costs that are likely to occur due to the injury; and
• The interest from the loss of earnings.

Speak with a public liability lawyer from our firm to learn more about university and school injury claims.

It is crucial that you:

• Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately, so you don’t forget any crucial details later on.
• Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
• Record the details of any of the witnesses to the accident.
• Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
• Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging an experienced public liability lawyer who specialises in University & School Injury Claims can make the process easier, more efficient and more likely successful for you.

To assist your lawyer with the University & School Injury Claims, it is important to try to do the following:

• Make notes of your recollection of all events relevant to the accident
• Record names and addresses of witnesses
• Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
• Take photos and video of any product, equipment or object that injured you
• Take photos of your injuries
• Keep any defective product which caused an injury
• Keep details of your absences from work caused by the injury
• Make a list of visits to doctors, physiotherapists, chiropractors etc, for treatment and follow-up visits
• Keep all invoices and receipts for medical, chemist etc. expenses
• Record details of assistance provided by friends and family members
• Collect contractual records.
• Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years prior to the accident and each year after), references and resumes

It is essential to always speak to an expert compensation lawyer about your University & School Injury Claims. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win no fee’ service in many cases.