School & Educational Institution Accident Claims

Schools/University Injury are considered a Public Liability Accident. Training institutions and universities may arise either from poor design, poor construction, inadequate maintenance or defective equipment. Our Public liability lawyers handle insurance and compensation claims for a wide range of injuries arising from Schools/University Accidents .

Do you have an insurance or compensation claim?

Check to see if you are entitled to insurance or compensation. If you have a question, please get in touch with our team.

Do you have a potential School or Educational Institution Accident Claims?

Make an enquiry

What to do if you have been injured at a School or Educational Institution Accident Claims?

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.

1

Schedule your free initial consultation

At our initial consultation, we can give you more information about the claim process and discuss the viability of an insurance or compensation claim. We will also confirm your eligibility for no win no fee terms to pursue your case.

2

Investigation & gathering evidence

We will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the accident and subsequent to it.

At the same time, we will also collect employment and income records so that a complete before and after pictures can be painted.

3

Get Independent Medical Specialists' opinions

Once we obtain all relevant medical records, including reports from your treating doctors, we will get an independent medical expert opinion as to the extent of your injury.

From those reports, we will formulate how the Rental Property Accident has impacted you and your family at work and at home.

4

Lodge your claim

If the investigation results satisfactorily, we will then lodge your insurance claim where possible and if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.

5

Attendance at informal settlement meeting

We will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your claim settlement.

6

Claim settlement or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

If your claim has not been resolved at this stage, we will file proceedings in court to help you get the compensation to which you are entitled according to law.

Are schools and educational institutions 'liable' for defective equipment?

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.

Are schools and educational institutions 'liable' if there's 'horseplay' in Public Liabilitys such as schools?

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 had 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 students’ behaviour will all be relevant.

Are schools and educational institutions 'liable' for supervising pupils in Public Liabilities such as schools?

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, where a student waits at a bus stop, and it is known that students from another nearby school had 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.

Do schools and educational institutions have statutory duties with which they must comply?

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.

Are schools and educational institutions 'liable' for injuries caused by other pupils?

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.

What’s my chance of a successful Public Liability claim?

Every situation is different. For TPD and other insurance, this depends on your particular policy. In compensation claims, we need to carefully consider:

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

How much insurance or compensation will I receive for public liability injury?

It all depends on the success of your claim, which will depend on the quality of your evidence and the case you make when you make a claim. The amount of insurance you are entitled to is based on a comparison of how your life was before and after the accident.

If 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 lives.

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:

  • 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 is likely to occur due to the injury; and
  • The interest from the loss of earnings.

How can I increase my prospects of success?

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 public liability claims can make the process easier, more efficient and more likely successful for you.

What kind of evidence do I need to keep and collect?

To assist your lawyer with the investigation, 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 6 years prior to the accident and each year after), references and resumes

What are the fees for compensation claim for public liability accidents?

It is essential to always speak to an expert compensation lawyer about your situation. Your financial position should not prevent you from seeking legal advice in regards to your 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.

Types of injuries that can occur at a school & educational institution?

Public Liability Accident injuries at schools, training institutions and universities may arise either from poor design, poor construction, inadequate maintenance or defective equipment.es may arise either from the action of the other participants, inadequate control, management of the activity, defective premises, or defective equipment.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury.

Fractures.

Whiplash.

Amputation.

Shock, anxiety and depression.

The CCL method

Our compensation lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, we will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay a solicitor for Public Liability Injury compensation?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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