My 16 year old daughter fell down a set of steps in the school pool building and broke her arm. There are no handrails or edge markings on the steps, and when wet are quite slippery. While the school did react well (albeit the decision to call the ambulance was made by her parents when we arrived after being informed) I am wondering whether the lack of marking / rails on these steps is a breach of the school's duty of care. In which case, what are my rights / responsibilities ?
QLD Personal Injury at School - Rights and Responsibilities?
- Thread starter BILL JARVIS
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Hi Bill,
You should take this matter up with a personal injury lawyer. They can provide guidance as to whether the school has complied with safety standards and whether you have a case against the school.
If you do have a case against the school, you will also have to consider what costs you have incurred in regards to your daughter's accident. This includes medical bills, lost income from time off work etcetera. You will have to weigh these costs against the potential costs of taking up a legal dispute.
In addition, you may want to look at this previous post on law answers: My child was injured on school playground equipment. Personal injury law guidance needed. | LawAnswers.com.au Legal Aid Forums
You should take this matter up with a personal injury lawyer. They can provide guidance as to whether the school has complied with safety standards and whether you have a case against the school.
If you do have a case against the school, you will also have to consider what costs you have incurred in regards to your daughter's accident. This includes medical bills, lost income from time off work etcetera. You will have to weigh these costs against the potential costs of taking up a legal dispute.
In addition, you may want to look at this previous post on law answers: My child was injured on school playground equipment. Personal injury law guidance needed. | LawAnswers.com.au Legal Aid Forums
S
Sophea
Guest
Hi Bill,
Yes further to Ivy's comments, it will depend on a lot of different things, whether it was reasonable for the school to install edging on the steps, a handrail or slip proof coating. Investigating this with the use of lawyers and relevant experts etc all costs significant amounts of money and may end up costing more than what you are actually seeking compensation for. If the injury heals up fine, then it is unlikely your daughter will suffer any longterm impairment for which she will get compensation, so your damages will largely just be any medical costs you incur plus some nominal damages for pain and suffering. In QLD, there are pre-court procedures in place that you need to go through before you institute proceedings as well (which also cost money). Unless your daughter is going to have some major deformity or had some ridiculous complications as a result of the break I would leave it.
Yes further to Ivy's comments, it will depend on a lot of different things, whether it was reasonable for the school to install edging on the steps, a handrail or slip proof coating. Investigating this with the use of lawyers and relevant experts etc all costs significant amounts of money and may end up costing more than what you are actually seeking compensation for. If the injury heals up fine, then it is unlikely your daughter will suffer any longterm impairment for which she will get compensation, so your damages will largely just be any medical costs you incur plus some nominal damages for pain and suffering. In QLD, there are pre-court procedures in place that you need to go through before you institute proceedings as well (which also cost money). Unless your daughter is going to have some major deformity or had some ridiculous complications as a result of the break I would leave it.
Hi Bill,
In addition to the comments of Ivy and Sophea - ensure that you do not cause any delay in deciding whether to lodge an application for compensation or not. Strict time limitation periods are in place for lodging a claim for personal injury claims.
I would recommend you see a Personal Injury lawyer - often, your claim will be investigated on an obligation-free basis. Then, if you do have a viable claim, your lawyer may offer an agreement where they act on an no-win, no-fee basis.
All the best,
Clare
In addition to the comments of Ivy and Sophea - ensure that you do not cause any delay in deciding whether to lodge an application for compensation or not. Strict time limitation periods are in place for lodging a claim for personal injury claims.
I would recommend you see a Personal Injury lawyer - often, your claim will be investigated on an obligation-free basis. Then, if you do have a viable claim, your lawyer may offer an agreement where they act on an no-win, no-fee basis.
All the best,
Clare
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