Personal Injury:

Personal injury is an area of law wherein claims for compensation are made following a person sustaining injury or loss, usually as the result of another party’s negligent conduct.

Negligence is where a party has failed to satisfy the duty of care owed to another. This may be demonstrated by a failure to take action to mitigate the risk of injury or loss, or by the conduct itself being the cause of the injury or loss.

Personal injury is highly regulated, and the process involved in making a claim will depend on the circumstances in which the injuries or loss arose. The complaints process may be determined by law, or may be dictated by another source, such as a School’s or University's code of conduct.

Personal injury claims arise when a student, staff member or visitor is injured on school grounds or during school activities, and they may be able to claim compensation if they can prove the school’s negligence caused their injury.

Legal issues

The legal issues involved in personal injury in New South Wales may include: 

Duty of Care: schools and by extension the NSW Department of Education for public schools or the specific private school entity, owe a non-delegable duty of care to their students.  The Duty of care is fundamental and requires schools to take reasonable in reasonable steps to ensure the safety and wellbeing of students under their care. This duty is not just during school hours on school premises, but it can extend to before and after school, during school excursions, protecting students from the conduct of other students, maintaining safe facilities and equipment, providing added adequate equipment and implementing and enforcing appropriate policies.

Standard of care: The duty is to take reasonable care to prevent foreseeable harm. It is not a duty to guarantee absolute safety or prevent how but rather to act as a reasonable school or teacher would in similar circumstances.

Vicarious liability: For public schools in New South Wales the Department of Education is generally vicariously liable for the negligent actions or omissions of its employees, if those actions occur in the course of their employment. This means the individual staff member is usually not personally liable unless their conduct involved is serious and wilful misconduct.

Civil Liability Act (2002) NSW: The Act is a key piece of legislation governing personal injury claims in NSW and introduces several key provisions that impact negligence claims including defining the standard of care for negligence provisions relating to obvious risks, and inherent risks which can sometimes limit liability.  Limitations on damages for non-economic loss and the provisions for contributory negligence where the injured person’s own actions contributed to the injury, potentially reduce the compensation a claimant may receive.

Specific incident type: There are a wide scope of common scenarios that can lead to personal injury claims in NSW schools.  These include (and are not limited to):

- Lack of supervision: Insufficient or inappropriate supervision leading to accidents altercations between students;

- Unsafe facilities: Equipment injuries from poorly maintained playground equipment, slippery floors, faulty sports equipment or other hazards on school property; 

- Sports injuries: While some risks are inherent in sport, negligence can arise from inadequate supervision, unsafe equipment or poor supervision during sporting activities; 

- Bullying and assaults: Where a person knew or ought to have known about bullying or a risk of assault and failed to take reasonable steps to prevent it; 

- Excursions and offsite activities: The duty of care extends to activities outside the school grounds.

In order to show cause or maintain a claim, there are usually a number of elements that need to be established.  These are a duty of care, a breach of duty, damages and very importantly,  causation. These things involve complex issues that require legal expertise.

At Navado, we have experience in representing claimants in personal injury matters. We can provide you with clear, yet comprehensive advice as to your legal rights and entitlements, the process involved in pursuing a claim, and the estimated value of your claim.

If you or your child or a student has sustained injury or loss as a result of a School’s or University's negligence, we recommend you contact our firm and arrange an appointment to see one of our Education & Schools Law Solicitors. Please contact us on (02) 9233 4048 or send an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.