Negligence:

At Navado we have assisted students, parents and teachers for claims in negligence.

Negligence is where a party has breached a duty of care owed to another causing loss or injury. A duty of care will generally exist between a teacher and a student, as the student is under their care and supervision. Similarly, an employer will usually have a duty of care for the safety of its employees and an obligation to provide a safe workplace.

Negligence can arise from the conduct demonstrated by a party, but also their failure to take reasonable precautions or steps to eliminate the risk of loss or injury to another.

Negligence may amount to a breach of the law or a Code of Conduct adapted by the education provider.

Examples of negligence may include:

• The failure of the school to repair damaged equipment;
• The failure of the school to take steps to eliminate bullying, violence, harassment, intimidation etc;
• The school failing to take steps to prevent a teacher from engaging in misconduct;
• The school imposing sanctions that create a risk to health and safety.

The area of negligence often coincides with claims in personal injury, which is a claim for compensation arising from the injury or loss sustained by the claimant. At Navado, we have experience in both areas of law and can assist you in pursuing your claim against the school further.

If you believe that you have a claim in negligence, we recommend you contact our firm and arrange an appointment to see one of our Education & Schools Law Solicitors. Please contact us on (02) 9233 4048 or send an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.