Public liability · Schools and universities
Injured at school, TAFE or university in Queensland.
Schools, TAFEs and universities must take reasonable care of students: supervision, equipment, sport, labs and excursions. Your claim turns on what happened, and what the school did to prevent it.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
This place, and who looks after it
Who may be responsible.
It depends on which part of the place you were hurt in, and who was looking after it.
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The school
The school or university
Responsible for supervision, buildings and teaching. For a state school, the claim is usually against the State of Queensland.
Ask for: Incident report, supervision rosters
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Excursions
An excursion or activity provider
If an outside provider ran the activity.
Ask for: Bookings and risk assessments
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Equipment
The maintenance or equipment supplier
If equipment was faulty or badly maintained.
Ask for: Maintenance and inspection records
Where more than one may be responsible, the claim can be made against each of them.
Time limits
The clock starts on the day you’re hurt.
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9 months
Notice of claim Due first
Within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. (PIPA s 9)
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1 month
The school replies
They must reply to your notice within 1 month. (s 10)
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6 months
Liability decision
Within 6 months of receiving your complete notice, they must tell you in writing whether they admit liability. (s 20)
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3 years
Court action
Proceedings generally must start within 3 years of the injury. For a child, the 3 years start at 18.
Missed the 9 months? Notice can still be given, with a reasonable excuse for the delay. Call us before the 3 years run out.
How people get hurt here
How students get hurt.
Each one turns on supervision, equipment, and whether the risk was planned for.
Playground equipment
Falls from equipment with too little soft-fall.
Sport and PE
Unsafe drills, surfaces or equipment.
Science labs
Chemicals, heat and glass.
Workshops
Machines and tools in manual arts.
Excursions
Camps, trips and outdoor education.
The test
What has to be proved.
The Civil Liability Act 2003 (Qld) sets out the test. Each step has to be met.
The risk was foreseeable
Whoever was responsible knew, or ought to have known, about the risk. (s 9)
It wasn’t insignificant
The risk was more than trivial. (s 9)
A reasonable person would have acted
Such as inspecting, repairing, warning or supervising. (s 9)
It caused your injury
The hazard was a necessary part of how you were hurt. (s 11)
They should be responsible
It’s appropriate for them to be liable for the harm. (s 11) They may argue the risk was obvious. (ss 13–15)
Straight after
What to do now.
- Report itTell the school what happened. Ask for a copy of the incident report, or photograph it.
- Photograph the hazardWith a coin or shoe beside it for scale, and the area around it.
- Ask for the recordsAsk the school in writing for the incident report and any CCTV.
- See a doctorEven if it seems minor. Keep your receipts.
Compensation
What you can claim.
- Pain and sufferingSet on the Injury Scale Value, from 0 to 100. (Civil Liability Act 2003 (Qld) s 61)
- Past lost earningsWages and super you’ve lost since the injury.
- Future lost earningsIf the injury affects your work. Future amounts are converted to a present-day lump sum using a 5% discount rate. (s 57)
- Care from familyIf it’s needed for at least 6 hours a week for at least 6 months. (s 59)
- Medical costsTreatment, medication and travel you’ve already paid for.
- Future treatmentSurgery, therapy and aids you’re likely to need.
What you can claim depends on your injury and your circumstances.
How your claim runs
From the first call to court, if it’s needed.
No-obligation first consultation
We look at what happened, who may be responsible and your time limits.
Notice of claim
We give notice to everyone who may be responsible.
They respond
They have 1 month to reply, and 6 months to say whether they admit liability.
Evidence
Medical reports, footage, records and statements are gathered and exchanged.
Compulsory conference
A meeting to try to settle. If it doesn’t, both sides make written final offers.
Court, if needed
Proceedings generally must start within 3 years of the injury.
If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.
No-obligation first consultation
You decide whether to go ahead once you know your options and the likely costs.
Everything in writing
Fees and outlays are set out in a costs agreement before we start.
Capped at 50%
Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)
Questions
Straight answers.
Usually the State of Queensland. The same pre-court steps apply, and notice goes to the State.
For a child, the 3 years for court action usually start at 18. Other steps can be due earlier, and evidence fades, so it’s best to act soon.
Possibly both: the school for supervision and planning, and the provider for running the activity safely.
Yes. The same rules apply to adults at TAFE or university.
Helpful reading.
Hurt somewhere else?
Hurt at school or uni? Talk to us first.
Tell us where, when and what happened. We’ll explain the options and what to do this week.
General information only, not legal advice about your situation. No win, no fee*: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.