School accidents and those at a training institution or university can cause permanent injury. In the case of adults unable to work due to sickness, disability, or a permanent injury resulting from the accident, you may be entitled to claim compensation through your super as a Total and permanent disability (“TPD”) or income protection claim.
When a person attends school, kindergarten, or other educational institution, a duty is owed to the student by the school or institution. That duty is to take reasonable care for their students’ safety. Whether or not an institution will be found negligent for any particular injury depends upon the reasonableness of the conduct of the institution on the specific occasion.
The standard of care required in relation to younger children will usually be higher than that required in respect of adults.
Injured Persons are not however entitled to compensation merely because they suffer an injury. Rather this depends on an examination of all the relevant circumstances. Public area claims usually fall into one of two categories, namely defective design or construction on the one hand and inadequate surveillance or maintenance on the other.
They may also be liable for defects of which they had been aware of which they ought to have become aware. These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002. The Civil Liability Act 2003 limits liability for “obvious risks” and “dangerous recreational activities”.
If you are unsure where to start, contact our expert public liability lawyers who will give you advice.