School Accident Solicitors - Injury Compensation Claim Lawyers - Australia

LAWYER HELPLINE: ☎ 1800 633 090

Accidents often happen in pre-schools, kindergartens, primary schools, high schools, TAFE, colleges and universities. The most common type of injury claims that are usually dealt with in relation to school accidents are: slipping or tripping within the school building or school grounds; injuries due to defective equipment such as playground equipment, desks or chairs; sporting accidents; accidents whilst on school excursions; school bus accidents; being exposed to asbestos within the school building and developing an asbestos disease; suffering a back injury from being asked to carry or lift heavy objects without the correct training or equipment and school bullying resulting in physical and psychological injuries.

If you or your child has been in an accident at school, and the injury was caused through someone else’s negligence, you may be able to claim compensation for personal injury. To find out whether you are eligible for compensation, call our free helpline or complete the contact form. Our specialist personal injury solicitors have many years experience in handling school accident compensation claims. You may be eligible for legal representation by one of our solicitors on a No Win No Fee basis.

    Slips, Trips and Falls

    School premises must be kept safe from defect. Children and visitors to school premises can trip because of holes in the ground or slip because of poorly maintained or wet surfaces. A school must take reasonable precautions to prevent foreseeable risks of injury.

    Playground Accidents

    Accidents can occur in school gymnasiums or in playgrounds if equipment is faulty or the student has not been shown how to use it safely. Falls can occur from playground equipment for example, a child may suffer a fracture from a fall from a climbing frame that is too high, and without adequate cushioning surface underneath the equipment. Lack of supervision is associated with many playground-related accidents.

    School Bus Accidents

    A school bus driver must take care when transporting children to and from school. Road rules apply equally to school buses as to any other motor vehicles. Children may be injured as a result of vehicle collisions, and sudden braking by buses resulting in whiplash and other types of injuries. Factors which contribute to school bus accidents include violation of road rules, poor driver training, overloaded buses, faulty brakes, speeding, aggressive driving, driver fatigue, and driving under the influence of drugs or alcohol.

    Sporting Accidents

    Students involved in school sports may suffer sporting injuries for example, head and neck injuries from a football tackle. The majority of sporting injuries are the result of falls, collisions, overexertion or being struck by an object. Almost 75 percent of all school-related spinal cord injuries occur during sports activities. Teachers should try to enforce a safe playing environment, provide adequate supervision, use safety equipment and enforce safety rules.

    School Bullying

    Bullying at school is an age old problem that has only recently started to be seriously challenged. Whereas in the past children would be terrified of complaining about anti social behaviour of this type due to the risk of retribution from the bully, there is now an awareness of the long term psychological damage that can be caused together with a determination on the part of those in authority to deal with unacceptable behaviour in school. School bullying can be physical, verbal or emotional and occurs in connection with education either inside or outside of school. It can be direct and include physical injury, threats of violence, verbal abuse, manhandling and theft of property or it may be of a more psychological nature including spreading malicious rumours, silent treatment, harassment and deliberate provocation by way of insults. In addition school bullying may involve cyber-bulling by electronic means through the internet or by the use of mobile phones. One of the most common forms of bullying within schools relates to sexual bullying based on a persons sexuality or gender most often directed at girls by boys which may involve unwanted sexual attention including sexual assault. Management, head teachers and members of staff have a legal duty to take reasonable care to protect those in their charge from intimidation, assault and harassment.

Duty of Care

Schools owe a duty of care to students, staff and visitors. Staff must take reasonable steps to protect students from risks that are reasonably foreseeable. Reasonable steps must be taken to prevent students from injuring themselves and others. This duty of care may arise in a variety of circumstances including: classroom activities; sporting activities; excursions and work placements. Schools must provide adequate supervision and instruction, and safe and suitable premises and equipment. Potential hazards should not be ignored. Schools should have in place systems, policies and guidelines which identify risks, and reasonable precautions must be taken to avoid or minimise risks from occurring.

Teachers are usually not personally liable for accidents or injuries suffered by pupils (unless the teacher has acted with serious or wilful misconduct). It is usually the organisation or the Department of Education and Training that will be liable for negligence and ordered to pay compensation through their insurance. This is because employers are generally held liable for the negligent acts of their employees.


Compensation claims for negligence can be made by an injured adult or in the case of an injured child, the action must be commenced by an adult guardian (e.g. a parent) on the child’s behalf. Strict time limits apply to all personal injury claims, therefore legal advice from a personal injury solicitor should be sought as soon as possible.

To be successful in an action for negligence against a school, it must be proven that there was a breach in duty of care and an injury resulted from that breach. Causation of injury must be proven.

Most cases settle out-of-court and the value of the claim will depend on the extent of the injuries and disabilities suffered by the victim of the negligence. A solicitor calculates the amount of compensation according to loss suffered and needs created as a result of the negligence. An injured person may be entitled to claim compensation for :-

  • Loss of income
  • Loss of earning capacity
  • Medical and surgical expenses
  • Hospital Expenses
  • Dental Expenses
  • Ambulance
  • Physiotherapy
  • Occupational Therapy
  • Psychology / counselling
  • Medication
  • Equipment Aides and Housing Modification
  • Nursing and Attendant Care
  • Domestic Assistance
  • General damages for pain and suffering


Pupils injured in a school accident should notify the school’s principal or registrar. Medical attention should be sought from a family general practitioner or from a hospital. Legal advice should be obtained from a personal injury solicitor as soon as possible - time limits apply.

Examples of injuries that may be compensated :-

  • Paraplegia
  • Quadriplegia
  • Traumatic Brain Injury
  • Concussion
  • Spine Injury
  • Neck Injury
  • Back Injury
  • Amputations
  • Burns
  • Loss of Eyesight
  • Hearing Loss
  • Loss of use of fingers
  • Dislocation (hip, knee, shoulder blade, collarbone or jaw)
  • Broken bones (wrist, finger, arm, elbow, hand, foot, toe, rib, pelvis, hip, skull)
  • Ligament Injury (knee, ankle, hip, spine , neck, shoulder)
  • Organ damage (spleen, kidney, liver, lung, heart)
  • Damaged teeth
  • Psychological trauma
  • Death

School Accident Solicitor

Due to the complex nature of personal injury laws, it is in your best interests to make sure that your school accident compensation claim is handled by an experienced personal injury claims solicitor. Our solicitors will ensure that your claim is thoroughly prepared, and that you are compensated for the full extent of your injuries (or that of your child’s).

If you or your child has been injured in a school accident, call our free school accidents claims advice helpline or complete the on-line contact form, and a solicitor will be in touch as soon as possible. Our team can answer your questions and provide advice as to whether you have a school accident compensation claim which is worth your while to pursue. No Win No Fee representation may be available in your case.

LAWYER HELPLINE: ☎ 1800 633 090