Written by: Rita Furfaro When you send your child to school, you trust they will be looked after. Schools have a legal duty of care to keep students reasonably safe, and when that obligation isn’t met, you may be entitled to make a compensation claim for the losses caused.
This April 2026 guide explains how school injury claims work in Australia, from understanding when a school may be liable, to what compensation may be available and the steps to take after an accident.
Do schools have a duty of care?
Yes, all schools in Australia must take reasonable steps to keep students safe from harm that could be anticipated. This is known as a duty of care, and it applies from the moment a school accepts responsibility for a student’s supervision.
That duty of care also extends beyond the classroom, to excursions, camps, and any other activity the school organises and supervises. For example, if a student is injured during a camp where safety measures were inadequate, the school may still be liable even if the accident happened nowhere near school grounds.
In these situations, the key question is whether the school took reasonable steps given the nature of the activity and the risks involved.
When can a school be held liable for an injury?
A school may be responsible if it didn’t take reasonable steps to deal with a risk that it knew about—or should have known about—on its premises.
In simple terms, you need to show that:
- the school had a duty to care for your child.
- there was a risk of injury.
- the school knew about the risk (or should have).
- it didn’t take reasonable steps to address it.
- your child was injured as a result.
Timing also matters. A hazard that has been left unaddressed for a long period is treated differently from one that appears suddenly.
For example, if a fault with playground equipment had been reported but not repaired, it would be hard for a school to argue that the risk wasn’t foreseeable. Similarly, a wet corridor left unattended after rain, or sports played without proper supervision, may suggest the school didn’t take reasonable steps to keep students safe.
What types of school injuries can lead to a compensation claim?
School injuries can happen in a number of ways, and the circumstances of each accident will determine whether a compensation claim is available.
Some of the most common accidents include:
- Slips, trips, and falls in classrooms, corridors, or on wet or uneven surfaces around school grounds
- Falls from playground equipment that was poorly maintained or inadequately supervised
- Collisions or injuries during sport where appropriate precautions were not in place, or facilities were unsafe
- Injuries during school excursions, camps, or other organised activities
- Accidents involving equipment, furniture, gates, or doors that were not properly maintained
- Bullying-related physical incidents where there was inadequate supervision
- Injuries to parents, carers, or other authorised visitors while on school grounds.
Playground and sports injuries
Playground and sports injuries are among the most common school-related claims. These can include falls from poorly maintained equipment, collisions during sport without proper supervision, or accidents caused by unsafe surfaces.
For a claim to succeed, it generally needs to be shown that the risk was foreseeable and that the school did not take reasonable steps to prevent it. For example, a child injured by faulty playground equipment, or hurt during a poorly supervised sports activity, may have a strong claim if this can be established.
Classroom and excursion accidents
Injuries that occur in classrooms, on school grounds, or during excursions and camps are not automatically excluded from a claim. In some cases, inadequate supervision, poorly planned activities, or a failure to properly assess risks beforehand may support a claim.
Key takeaway
A school’s duty of care applies across all activities it organises and supervises, not just what happens in the classroom or on school grounds. Whether your child is injured on the playground, during sport, on a school excursion, or at camp, the same expectations of reasonable care apply. And a school’s duty of care is not limited to students; it also extends to parents, volunteers, and contractors on school grounds.
Is school a public place?
Schools aren’t legally classified as public places in Australia. However, you may still be able to claim compensation if someone is injured on school grounds.
These types of claims are usually handled under public liability law. Schools must take reasonable steps to keep anyone on their premises safe, including students, parents, contractors, and authorised visitors. If they don’t, and someone is injured as a result, a claim may be possible.
Who you make a claim against depends on the type of school. For government schools, this is usually the relevant state education authority. For private schools, it’s typically the organisation or board that runs the school.
Working out who is responsible is an important first step. A lawyer experienced in school injury claims can help you understand where you stand and what you can do next.
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Can you sue a school for compensation?
Yes. You can make a compensation claim if your child was injured because a school didn’t take reasonable steps to keep them safe.
Who the claim is made against depends on the type of school. For government schools, this is usually the relevant state department of education. For private schools, it’s typically the organisation or board that runs the school. In the case of Catholic or Anglican schools, the claim is often made against the relevant diocese or church authority responsible for the school.
How a claim unfolds will depend on the circumstances. Schools and their insurers may argue that the risk wasn’t obvious, that supervision was appropriate for the situation, or that the child’s own behaviour contributed to what happened—for example, running in an area where running wasn’t allowed.
In some cases, they may also dispute how serious the injury is, or argue that it was caused by a pre-existing condition rather than the incident itself.
The key is to understand what happened and who is responsible. From there, you can get a clearer picture of whether a claim is likely to succeed and what your options are.
Key takeaway
In many cases, the outcome of a school injury claim will depend on what evidence is available and how early legal advice was sought. Seeking advice as soon as possible after an accident will help protect your ability to pursue a claim.
Time limits for school injury claims
Time limits apply to school injury claims, and missing them can affect your ability to pursue compensation.
Generally speaking, time limits are often around three years in many states. However, this area needs to be considered carefully. Each state has its own legislation, and there can be exceptions or extensions in some circumstances.
Where the injured person is a child, different rules may apply, and time limits can sometimes run from when they turn 18. Seeking legal advice as soon as possible will help protect your ability to make a claim.
What compensation may be available for school injury claims?
The compensation available in a school injury claim will depend on the nature and severity of the injury, the treatment required, and the impact on your child’s life and well-being.
Compensation may include:
- Past and future medical treatment costs, including treatment, surgery and rehabilitation
- Additional care provided by parents or guardians during recovery
- Pain and suffering, including both the physical and emotional impact of the injury
- Future economic loss where the injury affects your child’s long-term capacity to work or earn.
Client story
In one case, our client, a six-year-old girl, slipped on a piece of laminated paper on a classroom floor while walking towards her teacher. She fell onto a pair of scissors she was carrying and suffered a severe injury to her left eye and socket. The matter settled for $70,000 plus legal costs, with compensation covering her past and future medical treatment and pain and suffering.
Each case is assessed individually, and outcomes will vary depending on the circumstances and evidence involved.
Find out how much you can claim today
What should you do if your child is injured at school?
If your child has been injured at school, the steps you take in the days immediately following the accident can affect both their recovery and any potential compensation claim. Acting quickly helps preserve evidence that may later be needed to support a school injury claim.
Seek medical attention | Make sure your child receives medical care as soon as possible, even if the injury seems minor. This helps ensure their safety and creates a record of what happened and when. |
Report the incident to the school | Contact the school and ask for the incident to be recorded in writing. Schools are usually required to keep incident reports. Request a copy for your records. |
Document what you can (as soon as you can) | If your child wasn’t able to take photos at the time, don’t worry. Visit the school as soon as possible to photograph the area where the injury happened, including anything that may have contributed. If that’s not possible, write down everything your child remembers while it’s still fresh. Where it happened, what they were doing, and what caused the injury. |
Speak to witnesses | Ask the school if any staff or students saw what happened. You can also ask other parents if their children witnessed the incident. The school may be able to help identify who was present. |
Keep records of treatment and impact | Keep copies of all relevant documents, including:
Also keep a record of how the injury has affected your child’s daily life, and any time you’ve taken off work to care for them. |
Get advice if you’re unsure | If you’re not sure whether the school may be responsible, speaking with a lawyer can help clarify your options and what to do next. |
Taking these steps early can make it easier to establish how the injury occurred and support the claim if it is later disputed.
A lawyer experienced in school injury claims can help you understand whether the school’s duty of care was breached and gather the evidence needed to support your claim. They can also manage the claims process on your behalf, including dealing with the school’s insurer where liability is disputed.
