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Are accidents that occur in the schoolyard covered by public liability law?

My son had a nasty fall from the playground at school today. He's fractured his leg and a bone in his arm. The teachers at the school are great and I don't want to cause any trouble for them but money is tight and we really want to get the best treatment available. Can we make a claim against the school?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 28-10-2015
1 Lawyer Answered
View more Q&A on:
  1. Public Place Claims
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by LegalEagle™ staff, Northcote 3070 VIC

  • Yes. Accidents at school are one of the most common public liability claims.
  • Your children should be properly supervised while at school. This includes in the classroom and the schoolyard.
  • The first thing you need to do is report the incident to the school if you haven't already. In most cases the school will have a sufficient level of public liability insurance and the insurers will handle the claim.
  • Your school will be able to advise you on the procedure from their side.
  • You may also want to discuss the matter with a lawyer who can guide you through the claims process and act on your behalf so that you do not need to deal directly with the school if you are worried about this. 

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