When your child is at school they are out of your immediate care. The thought that your child can be injured or bullied due to a school’s negligence can be a frightening and emotional experience for parents.
Schools have a duty of care to their students. This applies whilst students are both on school premises as well as off campus for events organised by the school and which are supervised by a staff member.
In all cases it has to be proven that the injury occurred due to the school’s negligence. For example, a child injured in a playground or due to their own foolishness does not necessarily mean the school is liable. The courts expect some accidents will happen as a normal matter of course while children are playing. However, schools owe a duty of care to their students and will be considered negligent if the playground equipment was deemed faulty or staff supervision was considered inadequate.
WHAT ABOUT BULLYING?
If your child is or has been bullied at school in the past and has suffered injury whether physical or psychological you may be able to sue the school. This can also include situations outside the school such as through social media.
In all cases a successful claim against a school, will be dependent upon whether the school was aware or ought to have been aware about the bullying and did not take sufficient action within a reasonable timeframe to address the issue. The courts will consider whether the school failed to implement or comply with their bullying policies; whether they failed to protect the child against further threats or harm after becoming aware of bullying; how severe and the length of time of bullying; and whether the bully is a repeat offender.
In conclusion, schools need to provide safe facilities and environments, with adequate supervision and need to act promptly when confronted with bullying allegations.
If your child has suffered an injury whether physical or psychological while at school or a school event or as a result of bullying, please contact Nick Xenophon & Co. Lawyers on (08) 8336 8888 or visit our website at www.xenlaw.com.au
To give you piece of mind about using our services and show you how we can help you and your family, your first consultation with one of our expert lawyers is provided under no obligation absolutely FREE. Also we may be able to offer you a No Win – No Fee arrangement if that suits (some conditions apply).