Primary School Sports Accidents – Stanberg v State of NSW [2025] NSWCA 127
By Walter Zhuang
Background
The Plaintiff was an 11-year-old boy who partook in a long-jump competition at his primary school. He completed several jumps without incident. However, after the fifth or sixth jump, his feet hit a hard surface in the sandpit which caused him to fall on his back. This caused him immediate pain and lasting back problems.
Procedural History and Arguments
The Plaintiff argued that the State was ‘liable in negligence for the school’s failure to take reasonable precautions to minimise the risk of injury from long jumping by ensuring an adequate amount of properly raked sand in the landing area.’ He sought future economic losses and non-economic losses from this event.
The primary Judge (Newlinds SC DCJ) dismissed the Plaintiff’s case. He found sufficient precautions had been taken, mainly drawing attention to the evidence regarding the depth of sand in the pit and the raking of sand by the supervising teachers. His Honour also concluded that no future economic loss could be found and a claim for non-economic losses would be capped at 20%.
Findings on Appeal Judgment
1. Liability
The Court of Appeal found that the primary judgment drew inappropriate levels of focus upon the evidence presented at first instance, such as the opinions given by the supervising teachers. The fact that the Plaintiff felt that his feet hit a hard surface was sufficient enough to establish that the depth of sand in the pit was inadequate [67]. Furthermore, noting that the burden to maintain an adequate amount of raked sand was low, the Court found the primary judge had erred in considering the balance of probabilities.
2. Causation
The evidence established that it was more probable than not that the Plaintiff would not have been injured as severely had there been an adequate amount of sand [117]. The Defendant’s failure to maintain an adequate amount of sand was said to have caused the Plaintiff’s injuries.
3. Damages
The Court of Appeal found the primary Judge failed to award buffer damages for the Plaintiff in the event of liability. It was found the Plaintiff’s back pain was likely to affect his future earnings [100]. However, the primary Judge’s findings for non-economic losses being capped at 20% were considered reasonable in the circumstances.
Outcome – Success for the Plaintiff in the Court of Appeal
The Plaintiff was successful in claiming damages for future economic loss of $250,000 and non-economic loss of $26,500 [117]. The Defendant also had to pay the Plaintiff’s costs.
Practical Impact of this Case
If your child is injured at school, your child may be entitled to compensation arising from both future economic losses and non-economic losses.
However, the extent of liability and damages resulting from a personal injury claim involves a complex analysis of the facts. As seen from this case, this is usually a question of evidence. If your child has been injured at a school please contact one of our friendly lawyers for advice as soon as possible.
