Assault at school function and duty of care

[codo3500]

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?

 

[jacksgal]

Explain the schools job to provide security for an event that normally would not require such?

 

[cbg]

And why you waited four years to inquire?

 

[CdwJava]

I know of no state where you could still sue after four years.

Consult local counsel if you wish.

- Carl

 

[PILawGirl]

Even though I don't exactly see a case, if you were a minor at the time consult an attorney, if they see something I don't you may still be able to make a claim.

 

[dee_dub]

Where did this occur? You say "state", which makes me think US, but then you disparage your country's young offender laws, which makes me think Canada.

If this occurred in Canada, and if you were a minor at the time of the incident, you might not be barred by the limitations period. In most provinces, two years is the standard, but it doesn't run while you're a minor. If you have been of the age of majority for more than two years, you're SOL.

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.

Are you allowed to repeat your final year?

 

[codo3500]

I'm terribly sorry, shouldve mentioned, NSW Australia.

 

[dee_dub]

I don't think there's anyone around here versed in Australian law. You can probably Google "australian limitations period" and be as far along as anyone else. Or see a local lawyer for a quick and cheap consult.

 

[Ampt101]

you can sue the school they are supposed to have protection offered as long as its at school you will prolly settle in the case but they can be sued

 

[CdwJava]

you can sue the school they are supposed to have protection offered as long as its at school you will prolly settle in the case but they can be sued

First, note that this occurred in Australia and the act occurred four years ago.

Second, if this HAD been in the USA, sure, anyone can file a suit against anyone else. But, the statute of limitations have almost certainly run.

Third, schools (at least here) have no lawful duty of absolute protection. To the extent that any security is provided at a function, it must only be reasonable, not absolute.

Since this occurred in NSW, Australia, anything may go ... I just do not know.

- Carl