Personal Injury Lawyers
School and Daycare Compensation Claims

School and daycare accidents that may qualify for personal injury compensation include:

• Playground accidents due to inadequate supervision, poorly maintained equipment, or unsafe play surfaces
• Slips, trips and falls on wet floors, uneven surfaces, damaged pathways, or poorly maintained grounds
• Injuries from unsafe playground equipment, inadequate safety surfacing, or equipment exceeding appropriate height standards
• Accidents during excursions, school camps, or sporting activities with insufficient supervision or inadequate risk assessment
• Bullying or assault incidents where the school or daycare breached their duty of care to protect children
• Allergic reactions due to inadequate food safety protocols, failure to follow care plans, or improper medication administration
• Injuries in classrooms from unsafe furniture, poorly maintained equipment, or inadequate supervision
• Falls from playground equipment, climbing structures, or elevated areas lacking proper safety measures
• Accidents in school car parks, drop-off zones, or pickup areas due to inadequate traffic management
• Burns or injuries in science laboratories, cooking classes, or craft activities with insufficient safety measures
• Injuries from inadequate maintenance of school facilities including broken gates, damaged fencing, or structural defects
• Accidents in swimming pools during school swimming programs due to inadequate supervision

To establish a valid school or daycare compensation claim, you must prove that the educational institution breached its heightened duty of care to adequately supervise, protect, and provide safe premises for children.

At Stacks Goudkamp, our experienced personal injury lawyers carefully assess whether schools and daycare centres breached their duty of care obligations under NSW legislation.

Potentially responsible parties for school and daycare accidents in NSW include:

• NSW Department of Education for public schools, responsible for operations, staff training, safety policies, and facility maintenance
• Catholic Schools NSW or independent school boards for private schools, with governance and safety responsibilities
• Daycare operators and early childhood education providers including commercial childcare centres and preschools
• Individual teachers or educators whose inadequate supervision or failure to follow safety procedures contributed to accidents
• School principals and management responsible for implementing safety policies and ensuring adequate supervision ratios
• Local councils that may own or maintain school facilities, playgrounds, or surrounding areas
• Equipment manufacturers whose defective playground equipment or safety products caused injuries
• Contractors responsible for facility maintenance, excursion management, or specialist programs
• Bus companies and transport providers involved in school transport accidents
• Other schools or venues hosting excursions, sporting events, or inter-school activities

The nature of your child’s accident affects who may be held liable. Supervision-related accidents may involve teachers and principals, while equipment failures may involve manufacturers and maintenance contractors.

At Stacks Goudkamp, we conduct thorough investigations to identify all potentially responsible parties and hold educational institutions accountable for breaching their duty of care to children.

Proving negligence in school and daycare injury claims requires establishing, recognising that educational institutions owe children a heightened duty of care:

• The school or daycare owed your child a heightened duty to provide adequate supervision, safe premises, and age-appropriate protection
• They knew or should have known about the hazardous condition, inadequate supervision, or risk of harm
• They had reasonable opportunity to address the hazard, improve supervision, or implement safety measures
• They breached their heightened duty through inadequate supervision, negligent safety protocols, or poor staff training
• Their breach directly caused your child’s accident and injuries
• Your child suffered actual damages including medical expenses and pain and suffering

We gather evidence from various sources, including:

• Incident reports documenting the accident and any previous similar incidents
• Supervision records showing staff-to-child ratios and supervision adequacy
• Staff training records demonstrating preparation in child safety and first aid
• Playground inspection logs showing maintenance frequency and Australian Standards compliance
• Individual care plans if allergies or medical conditions were involved
• Witness statements from staff, other children, or parents who observed the accident
• Photographs of the hazardous condition or defective equipment
• Medical records documenting your child’s injuries and treatment
• Expert assessments from education safety specialists and child development experts

For school and daycare claims, we must establish that the institution failed to meet the heightened standard of care required to protect children from foreseeable harm. This often requires examining supervision policies, risk assessments, and regulatory compliance.

At Stacks Goudkamp, we work with experienced investigators, education safety experts, child development specialists, and medical professionals to build compelling evidence demonstrating how schools or daycare centres failed in their duty of care.

Compensation for school and daycare injuries typically covers:

• Pain and suffering and loss of enjoyment of life (non-economic loss)
• Past and future medical expenses for treating your child’s injuries
• Past and future loss of income if injuries affect future earning capacity
• Loss of superannuation contributions if permanent disability affects employment prospects
• Care and assistance needs during recovery and potentially throughout life
• Rehabilitation and therapy costs including psychological counselling
• Travel expenses related to medical treatment
• Special education requirements if injuries affect learning capacity

Pain and suffering compensation is calculated on a scale by reference to a ‘most extreme case’ (currently around $700,000 for catastrophic injuries like quadriplegia). Your child’s compensation is scaled down from this amount based on the severity of injuries.

The value of your child’s school or daycare injury claim depends on prospects of success and the seriousness of injury. Most claims settle before reaching court, with settlements typically determined by predictions of what a judge would likely award.

At Stacks Goudkamp, our personal injury lawyers work with medical experts, child development specialists, and financial advisors to ensure all impacts of your child’s accident, including long-term developmental and educational needs, are properly quantified and included in the claim.

In NSW, different time limits apply to school and daycare injury compensation claims for children. Generally:

• 3 years from the date of the accident to commence proceedings
• For children under 18, the three-year limitation period doesn’t begin until they turn 18, giving them until age 21 to commence proceedings
• In exceptional circumstances involving persons under legal disability, the limitation period may be extended

However, there’s no guarantee that time will be extended, and courts apply strict criteria for extensions. Some factors that may affect the limitation period include:

• Discovery of the full extent of your child’s injuries
• Identification of the responsible party
• Mental incapacity at the time of the accident
• Age of the child when the accident occurred

Despite extended time limits for children, we strongly recommend contacting a personal injury lawyer as soon as possible after your child’s school or daycare accident to ensure rights are protected. Early action is crucial because CCTV footage may be deleted after 30-90 days, witness memories fade, and evidence of hazardous conditions may be destroyed.

At Stacks Goudkamp, we can assess your child’s specific situation and advise on applicable time limits for school or daycare injury compensation claims.

At Stacks Goudkamp, we handle school and daycare injury compensation claims on a No Win, No Fee basis, meaning:

• You pay no legal fees unless you are successful in your claim
• Success means either winning your case in court or accepting a settlement offer
• We advance all expenses incurred during your claim
• These expenses are itemised and form part of settlement negotiations
• If your public liability claim is successful, the insurer/defendant will pay a large portion of your legal fees

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding case expenses. We cover investigation costs, expert reports from education safety specialists and medical professionals, court fees, and other expenses ourselves, ensuring you don’t face financial burdens while pursuing your child’s school or daycare injury compensation claim.

Your legal fees and our No Win, No Fee agreement will be explained in detail at the outset of your case, so you understand the process completely before proceeding.

The vast majority of school and daycare injury claims resolve without requiring a court hearing. Currently, well over 90% of these cases settle before reaching court.

School and daycare injury claims can be resolved through:

• Direct negotiations between lawyers
• Formal settlement conferences
• Mediation with independent mediators
• Pre-trial settlement discussions

Court hearings are only required in rare instances where:

• You’re not satisfied with the defendant’s settlement offer
• Liability is strongly disputed by the educational institution
• There are complex legal or factual issues requiring judicial determination
• You believe you can achieve a better result through court proceedings

At Stacks Goudkamp, our experienced personal injury lawyers work diligently to achieve fair settlements without the stress and uncertainty of court proceedings, while always being prepared to represent you in court if necessary to secure the compensation your child deserves.

If your child is injured at school or daycare, taking these steps can protect their health and potential claim:

• Seek immediate medical attention for your child’s injuries
• Report the accident to school or daycare management and request a detailed incident report, obtaining a copy
• Take photographs of the hazardous condition, defective equipment, or accident scene
• Collect contact details from witnesses, including other parents, teachers, or children who saw the accident
• Keep all medical records and receipts related to your child’s treatment
• Document how your child’s injuries affect their daily activities, schooling, and development
• Don’t sign any documents or accept any offers without legal advice
• Request copies of supervision records, playground inspection logs, and relevant policies
• Preserve damaged clothing, equipment, or items as potential evidence
• Contact Stacks Goudkamp for expert legal advice as soon as possible

Early documentation is crucial in school and daycare cases because:

• CCTV footage may be deleted after 30-90 days
• Witness memories fade over time, particularly children’s recollections
• Hazardous conditions or defective equipment may be repaired quickly
• Incident reports provide important contemporaneous evidence
• Supervision records may be altered or lost over time

At Stacks Goudkamp, we provide free, no-obligation assessments of school and daycare accidents and can immediately request preservation of evidence to protect your child’s legal rights.

Your child may still be entitled to school or daycare injury compensation even if they were misbehaving or not following instructions when the accident occurred. NSW law recognises contributory negligence, which means:

• Your child’s compensation may be reduced based on their percentage of fault
• You can still recover damages even if your child contributed to the accident
• The court or settlement will apportion fault between parties, taking into account the child’s age and capacity

However, schools and daycare centres owe children a heightened duty of care and must anticipate that children will sometimes misbehave or act impulsively. Normal childhood behaviour is not considered unreasonable conduct.

Factors the court considers:

• The child’s age and maturity level
• Whether the child’s behaviour was reasonably foreseeable
• Whether adequate supervision could have prevented the accident
• Whether the school or daycare had appropriate safety measures in place
• Whether staff training and intervention were adequate

The critical question is whether the school or daycare centre should have anticipated and prevented the harm through adequate supervision, appropriate safety measures, and proper staff training, regardless of your child’s behaviour. Even if your child was misbehaving, the institution may still be primarily liable if they failed in their heightened duty of care.

At Stacks Goudkamp, we assess each case individually, recognising that children’s capacity for judgment differs from adults, and work to minimise any finding of contributory negligence while focusing on the institution’s failure to meet their duty of care.

School and daycare injury compensation claims typically take between 12 and 24 months to resolve, though timeframes can vary based on:

• The complexity of establishing liability and negligence
• Whether fault is disputed by the educational institution or insurer
• The severity of your child’s injuries and long-term prognosis
• The time needed for medical assessments and expert reports
• The willingness of parties to negotiate settlement
• Court schedules if litigation becomes necessary

Simple school and daycare injury claims with clear liability may resolve in 6-12 months, while complex cases involving serious injuries, permanent disability, or disputed supervision adequacy may take 18-24 months or longer.

Factors that can expedite resolution:

• Clear evidence of inadequate supervision or defective equipment
• Cooperation from witnesses and school staff
• Prompt medical treatment and documentation
• Early legal representation
• Availability of incident reports and supervision records

Approximately 90% of school and daycare injury claims settle without requiring a full court hearing, often through negotiation or mediation. However, we’re fully prepared to take your case to court if necessary to secure fair compensation for your child.

At Stacks Goudkamp, we work efficiently to progress your child’s school or daycare injury claim while ensuring we never compromise on thoroughness or the compensation your child deserves. We keep you regularly updated on progress and expected timeframes throughout the process, and we understand the emotional impact these cases have on families.