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Old 12-03-2008, 05:21 AM
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Compensation claim, duty of care.


What is the name of your state (only U.S. law)? Australia

Approximately 4 years ago, I was at a school function, outside of school hours, but located inside the school.

I was attending this function, when i was forced into the toilets by 3 young men, and assaulted by one of these men. This resulted in a broken nose, which was also disfigured. I had to undergo surgery to straighten it (surgery was not at my expense, it was at the expense of our government health care from memory), however I still suffer difficulty breathing through it to this day, and subsequently have trouble sleeping due to it. It is also partially disfigured, and looks different to what it did before. I also missed a large part of my final year in school, and went from one of the top students in the state to one of the bottom due to this, leaving me unable to get into university.

The young man who assaulted me admitted guilt, but due to my countries youth offenders program was never charged. I am not however seeking to get compensation off this young man, as he is currently incarcerated for life over another matter which occurred several months later, and thus would have no finances for me to even chase after.

I am however wondering if it is possible to sue the school, as they were negligent as far as their responsibility to provide a safe event, and provide adequate security for the venue. Do they have a responsibility, and a duty of care?

Thank you, and i realise i'm from australia and some laws may differ, but just some general advice would be great.

Last edited by codo3500; 12-03-2008 at 05:31 AM.
  #2  
Old 12-03-2008, 07:29 AM
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Join Date: Nov 2000
Posts: 931
Since this site IS for U.S. law only, any "general advice" would be completely useless for someone in Australia. What good does it do you if someone here says "no, a U.S. school would not be liable" when an Australian school would be, or vice versa?
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