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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 861
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My son has been pushed by another student at his school which

Customer Question

My son has been pushed by another student at his school which has resulted in him being hospitalised and operated on with a broken hip. I would like to stress hat he is at a special needs school so I believe bullying is probably not an issue. He was pushed, hit a wall,fell overa bench and a student landed on top of him. Please advise
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon,

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Are you asking whether or not you can seek compensation from the school for your son's injuries?

Do you know whether it was simply an excellent or whether it was deliberate?

Have they been incidents with this child's injuring other children at the school is aware of?

Customer: replied 1 year ago.
Hi, I am asking if I can seek compensation from the school. I believe it was an accident. I am not aware if this child as injured other children at the school. As far as I am aware the answer is no.

Regards

Paul
Expert:  Leon replied 1 year ago.
Good Afternoon.

In order to be able to sue the school you have to be able to show that the staff were negligent and that they breached their duty of care to your son.

It is for this reason that I asked if there are any other cases involving this child. It there are then the school may not have done enough to stop this happening and you have a case to sue them.

Here are some examples for you.

http://www.emilford.com.au/page.asp?id=93&pv=%AD%A7

http://www.lawhandbook.org.au/handbook/ch06s03s02.php

Do not worry that they are in different states the law carries across.

If you can show that there was a breach of the duty of care then you can sue them.

Is there anything else I can assist you with?
Customer: replied 1 year ago.
The student involved did not have any previous history.
Expert:  Leon replied 1 year ago.
Good Morning,

The only issue then is whether or not the teachers were properly supervising the students of the time of the incident.

If they were not undertaking the jobs correctly and supervising, then they have breached the duty of care and you can file a complaint against the school.

I would suggest that you get more detailed advice, once you obtain the report from the school, by seeing a solicitor at practices in the area of negligence.

The Law Society of Western Australia can provide you with a referral to solicitors practising the area that are close to you.

Their website is as follows:

http://www.lawsocietywa.asn.au.

You should also obtain a report from the doctor setting out the injuries your son has suffered and whether they are short-term or long-term and provide this to the solicitor as well.

Is there anything else I can assist you with?


Customer: replied 1 year ago.
Hi,

I am awaiting a report from the school as we speak. The final part to my question is, should the staff have not been negligent, can I claim public liability payment from the health dept?

Regards

Paul
Expert:  Leon replied 1 year ago.
Good Morning,

If there is no negligence founds, public liability is not a possibility.

The only other possibility available to you is assault which is a criminal charge against the other child.

If the police do charge the other child then you may be able to claim victims compensation on behalf of your son for his injuries.

Public liability is only available in a situation where's injury occurs due to ensured neglecting to do something that would have avoided the injury.

The best example I can give you is Council not putting up warning signs about a pothole and as a result a person falling into that pothole on breaking a leg.

Public liability insurance would cover that injury.

Is there anything else I can assist you with?
Customer: replied 1 year ago.
Hi,

I don't think assault would be an option in this case as the person has autism (as does my son) and would probably not be liable for his actions.

I have just found out a bit of information that my son left the school classroom after having heard the recess siren. This is an indication to him that recess has begun. Therefore he left the classroom to have a break. Unfortunately, the school were using the siren for a different reason (ie. not for recess), would this suggest they acted incorrectly? For a child with autism, changing a familiar routine can be asking for trouble?

Regards

Paul
Expert:  Leon replied 1 year ago.
Good Evening

It all depends on how bad the autism is.

Did they do anything to get your son to go back to the classroom? What did his teacher do?

Was he left to go outside and noone did anything?

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