School Injury Compensation Claim: Student Awarded $276,500 After Long Jump Accident
Injured school student awarded $276,500 plus interest after succeeding on appeal in a public liability claim against Neutral Bay Public School after falling on inadequate sand in the landing area in a long jump activity.
Stanberg v State of New South Wales [2025] NSWCA 127
The material facts
On 24 July 2019, Master Addison Stanberg participated in a trial long jump competition at Neutral Bay Public School. Addison completed a number of jumps without incident but, on his fifth or sixth jump, felt his feet hit a hard surface upon landing. Addison experienced immediate back pain and has suffered from back problems ever since.
Addison (by his tutor, Ms Elise Stanberg) sued the State of New South Wales in the District Court of NSW, alleging negligent maintenance of the sand pit on the part of the School. He gave evidence to the effect that the pit was not raked after every jump. It only happened after every second or third jump.
He made a claim for future economic loss and non-economic loss.
District Court of NSW – Ruled in favour of the School
Unfortunately, the judge who heard the case in the District Court found in favour of the school (and against the injured boy).
The judge found that the school was not negligent (ie at fault) because it had, in the judge’s opinion, made sufficient and reasonable precautions to ensure that the long jumpers were kept safe from being injured.
The judge dismissed Addison’s case, which meant that Addison would receive no compensation, and would have to pay the school’s legal costs.
Appeal to the NSW Court of Appeal – Ruled in Addison’s favour
Addison appealed to the NSW Court of Appeal.
The justices in the NSW Court of Appeal disagreed with the District Court judge’s decision, and allowed Addison’s appeal — in other words, the justices found that the school was negligent and therefore ordered the school to compensate Addison for his injuries and losses and also to pay Addison’s legal costs.
Among other findings, the Court of Appeal made the following observations:
- The judge who heard the case in the District Court erred in assuming that there was a Softfall at the bottom of the pit.
- The fact that new sand was added to the pit at the beginning of the athletics seasons says little about the actual depth of the sand in the landing area where Addison jumped. The evidence indicated that between 30-50 students actively participated in the long jump trials. It is plain that sand must have been displaced to some extent by previous jumpers.
- The guidelines said that landing pits should be raked after each jump to ensure a level landing surface.
- The District Court judge gave excessive and unreasonable weight to the teachers’ evidence concerning the depth of the sand where Addison landed as there was no evidence to support that both teachers held a ‘conclusionary opinion’ that the depth of sand was adequate.
The Court of Appeal awarded a buffer of $250,000 for his diminution of future earning capacity.
In terms of the non-economic loss, the Court of Appeal considered that 20% was in the range of reasonable opinion. The amount of 20% of a worst case applicable in the matter was $26,500.
The appeal was allowed. An award of $276,500 plus was made.
Read the full decision here: https://www.caselaw.nsw.gov.au/decision/1974290c3559834743c83240
Legal significance
This is a welcome decision for injured victims, particularly school students, with the Court of Appeal affirming the non-delegable duty of care of the school to take reasonable steps to prevent risks of harm in the context of school sporting activities.
It is important to understand that legal outcomes are highly dependent on the specific facts and evidence presented in each matter. The merit of a matter is assessed individually based on the circumstances leading up to the accident, liability and medical evidence available to the Court. Therefore, individuals should seek legal advice and avoid comparing their own legal situations directly with others.
Contact Stacks Goudkamp – Experts in School Injury Compensation Claims
If you or a loved one has suffered an injury on school grounds, you may be entitled to a school injury compensation claim. At Stacks Goudkamp, our experienced public liability lawyers have successfully handled numerous claims against public authorities, including the NSW Department of Education. We understand the complexities of injuries sustained during school activities and are committed to helping you secure the compensation you deserve.
Don’t navigate the legal process alone. Contact Stacks Goudkamp today for trusted advice and expert representation in your school injury or Public liability claim.
