Schools' high duty of care
Australian common law imposes a non-delegable duty of care on school authorities - schools cannot escape liability by blaming a contractor, supervisor, or other staff. The duty extends to:
- Safe premises and equipment
- Adequate supervision in classrooms and playgrounds
- Excursions and external activities
- School-related transport (buses, sports trips)
- Bullying prevention and response
Standard of care reflects the age and capacity of children. Younger children require more supervision. Children with known special needs require accommodations.
Common school injury claims
- Playground falls - defective equipment, soft-fall surface inadequacies, lack of supervision
- Sports injuries - particularly where supervision or safety equipment was inadequate
- Bullying and harassment - psychological injury where the school failed to prevent or respond
- Excursion injuries - including overseas trips where Australian law may still apply
- Manual arts / science accidents - burns, cuts, eye injuries from inadequate supervision or PPE
- Swimming pool incidents - drownings, near-drownings, supervision failures
- Sexual abuse - separate sensitive vertical with specific legal pathways
Who do I claim against?
| School type | Defendant |
|---|---|
| NSW government school | State of NSW (Department of Education) |
| VIC government school | State of Victoria (Department of Education and Training) |
| Other state government schools | Respective state education department |
| Catholic school | Diocesan authority (e.g. Sydney Catholic Schools) |
| Independent / private school | School operating company / association |
Time limits - children get more
Children's personal injury claims have extended limitation periods. In most states, the limitation period doesn't run until the child turns 18. So a child injured at age 8 can typically claim until age 21.
Practically, claim earlier - evidence is fresher, witnesses easier to find, medical records still detailed. But the legal time pressure is much less than for adult claims.
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