We know from our experience at Guardian Injury Law that, sadly, many individuals have suffered both sexual and physical abuse in school settings in Victoria. It is important that survivors know that they may have options to pursue compensation for both physical and psychological injuries arising out of the abuse, regardless of whether the abuse occurred in a public school or a private school.
The main way to claim compensation arising out of abuse in a school setting in Victoria is by way of a common law claim for pain and suffering and economic loss damages.
What is a common law claim?
A common law claim is a claim in negligence. To bring a common law claim, it needs to be established:
1. that the school owed the student a duty of care;
2. that the school breached their duty of care when the student was abused; and,
3. that the student suffered an injury as a result of the abuse.
A school’s duty of care:
Teachers and schools have a duty to take reasonable care for the safety of students who are under their supervision and control.
Where a student has been abused by a teacher or another student, a school may be found to be responsible for the actions of the teacher or student if certain conditions are met. These conditions can include things such as:
– failing to supervise the teacher or students;
– employing someone who is a known risk for this type of behaviour; or
– failing to respond to complaints about the abuse.
Where a student has been abused by another student, it must be established that the school either knew or ought to reasonably have known that the student was at risk of being abused and that the school failed to adequately minimise that risk.
Generally speaking, the duty of care owed by a school applies to a child who is on school premises during school hours. There have, however, been some cases in Australia where students have been awarded compensation for abuse that has occurred both on and off school premises. For example, at a teacher’s home, in their car or on school excursions and camps.
Students must have suffered an injury due to the abuse:
It is a requirement that the person making a common law claim has suffered an injury as a result of the abuse. This is in most circumstances a psychological injury, but things such as scarring from physical abuse can also be considered.
What types of damages can I claim?
There are two main types of damages (compensation) that can be sought in a school abuse claim. These are known as pain and suffering damages and economic loss damages.
How an abuse lawyer can help:
We understand, through our experience with these types of claims, how challenging a process it can be for survivors of physical and sexual abuse. At Guardian Injury Law, we aim to deliver our services in a trauma-informed manner. We will listen to your story and advise you on all potential compensation options available to you.
