Bumps and scrapes are a part of childhood, and sometimes they happen at a playground, in school or at a park. But what if the school was negligent? Did you know that you can receive compensation if your child is injured due to the negligence of the school?
According to law, schools have an obligation called a “duty of care” in regards to their students. It is in effect on the school grounds and even outside of the school if the students are under the control or care of the school staff. This includes sporting activities, camps or other excursions. This doesn’t mean that the student is able to sue whenever an injury occurs, though. In order to sue, you must be able to prove that the school was negligent and that the negligence caused the injury.
So, how do you prove negligence? There should be a certain number of supervisors depending upon how many students are present. Too few supervisors isn’t enough in itself to prove negligence, though. You must be able to prove that the presence of enough supervisors would have prevented the injury.
Another crucial factor: having your facts documented and organised in a way that is favourable to your case. For example, the standard of care is the highest in the classroom. The courts expect the school to have enough people present to supervise a classroom at all times. If children are left in a classroom without supervision and one is injured, you only have to convince the court that the injury would not have happened if the children were under adequate supervision.
Risk is also a factor. If a child is engaging in an organised sporting activity and is injured, it is difficult to prove negligence because the child knew that playing the sport had the risk of injury.
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Always hire an experienced lawyer with a track record of success. Don’t leave your child’s compensation to chance; hire the best representation.
If your child has sustained a personal injury at a playground and you think it might have been caused by negligence on the part of the school, contact Bradford Legal or please call 1300 738 303. You may be entitled to compensation.